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NANCY GRACE

Paris Hilton Back to Jail

Aired June 8, 2007 - 20:00:00   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: Rumble at the courthouse~ amidst bitter protests of a two-tiered justice system. Celebutante Paris Hilton walks free from ladies` lockup in direct opposition to a judge`s order. Twenty-four hours later, that same judge orders Hilton back to jail. This morning, police arrive at Hilton`s luxury mansion to escort her in handcuffs back to the courthouse. Hilton in tears, asked to explain her mystery illness. But the judge didn`t buy it and brings down the hammer, Hilton ordered back to jail, screaming and crying and creating the spectacle that so many had expected.
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She was very quiet. She came in looking a little, I guess, disheveled for Paris Hilton, kind of with her head down and her hands up to her face, in a long gray sweater. She appeared to be sobbing. When it was over, she did let out a pretty loud cry and was led out and actually kind of supported out by some of the deputies in there, the family in the front two rows also crying. She said something along the lines of, This just is not right.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. Breaking news, celebutante Paris Hilton gets early release just in time to get rearrested and ordered back to jail. Tonight, LA sheriff Lee Baca under fire for the preferential treatment. Lee Baca, you are in contempt!

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It is back to jail for Paris Hilton. The Hollywood celebutante was ordered back behind bars barely 24 hours after her early release. You see her there handcuffed. A clearly distraught Hilton was driven to the court of Judge Michael Sauer, who apparently was angered that she was let out of jail to serve almost all of her six-week sentence at her West Hollywood mansion. Now, reports say the heiress cried throughout the hearing and left the courtroom screaming.

UNIDENTIFIED FEMALE: The defense for Paris Hilton tried to create a situation where maybe Paris could go home and continue under electronic monitoring. Well, they got some more time to present her case to them, and what they say is a dangerous situation for Paris Hilton to return to jail. But in the end, the judge said no.

UNIDENTIFIED MALE: The judge heard arguments. He heard out the county counsel`s office, representing the sheriff. He heard the defense. He heard the city attorney. He ruled that he was remanding Miss Hilton to the sheriff`s custody to serve the remainder of her sentence at the Century Regional Detention...

UNIDENTIFIED MALE: No! No! No, no, no!

UNIDENTIFIED FEMALE: Shut up!

PARIS HILTON, "THE SIMPLE LIFE": I did have a choice...

(END VIDEO CLIP)

GRACE: That`s right, Paris Hilton ordered straight back to jail. Going straight out now to "OK!" magazine`s Ryan Smith. What happened?

RYAN SMITH, "OK!" MAGAZINE: Well, it seems, at least in the eyes of many other people, that, you know, justice has been served. Apart from Paris`s family, it would seem, there`s a feeling that, you know, she`s been returned to where she should be at the moment. She was sentenced...

GRACE: Ryan Smith joining us there at the courthouse. Here in the studio with me, Court TV`s Jean Casarez, on the case from the very beginning. What I don`t understand is, it got back to us that the judge is on his way to the courthouse today and hears that he has approved a phone conference, that Paris Hilton is free.

JEAN CASAREZ, COURT TV: That`s right. He says he heard it on the radio on his way to the courthouse that Paris Hilton was not only free but she didn`t have to appear in his courtroom today for a hearing. Well, when he got to the court, he changed that order, and he told the sheriff`s department, You go get her and you escort her to this courthouse, to my courtroom, for the hearing.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

HILTON: Well, I did have a choice to go to a pay jail, but I declined because I feel like the media portrays me in a way that I`m not. And that`s why I wanted to go to County, to show that I can do it. And I want to be treated like everyone else. I`m going to do the time. I`m going to do it the right way.

UNIDENTIFIED FEMALE: She was screaming, she was crying as she left an LA courtroom a couple of minutes ago. Paris Hilton was ordered to go back, go back to jail. Hilton apparently screamed, It`s not right, and called out to her mother over and over again after the LA superior court judge Michael Sauer said, No, she has to serve the remainder of her sentence in jail, rather than at home, for a reckless driving parole violation.

UNIDENTIFIED FEMALE: ... the judge, Michael Sauer, saying she`s going back to jail to serve out the remainder of her sentence, that 45-day sentence. We heard from both sides, who were both kind of arguing about who has the authority to decide how she spends that sentence, whether, you know, it`s at home under electronic surveillance or whether it`s in a jail. And both sides argued. What it seemed to come down to in the end was the judge said he never got anything from the sheriff`s department laying out any type of a medical problem for Paris Hilton. He never got any of the information that would have allowed him to reach this decision and to alter his original decision.

(END VIDEO CLIP)

GRACE: And apparently, the sheriff, the LA County sheriff, Lee Baca, decided on his own that it was time to let Paris Hilton out. Lee Baca, you are in contempt!

Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I`m not going to say exactly what her mental or medical problem is. That is not appropriate. But let`s suffice to say that having run these county jails for as long as I have, I think it would be reasonable to presume, given the nature of this release and this home detention, that I`m not doing this so that I can have some form of what I call it, enjoyment, out of this. This is all about serious information that must be taken seriously and not dismissed.

I don`t want to categorize how she ended up becoming while she was incarcerated. I just know, based on the report that I`ve shown you -- I am not reading it to you -- that she had a severe problem. Now, the question is, can she still serve time? Yes, she can serve time at home. Now, the judge doesn`t think so. All right, she`s back in jail. She`ll continue to serve time in jail.

(END VIDEO CLIP)

GRACE: Since when was he elected judge? Judge Michael Sauer is the one that handed down the sentence. And after meeting with Hilton`s entourage, suddenly, Sheriff Lee Baca decides to let her out. Well, Sauer heard about that, and I don`t know if he made any heads or tails of it, Jean. How did the sheriff on his own make this decision?

CASAREZ: I think the sheriff believes that, under the law and under penal code, that he can make that decision. But the judge feels otherwise. Judge Michael Sauer said, I have the continuing jurisdiction in this case over Paris Hilton, and I am going to reinstate my original order, which said she must serve 45 days in jail with no home confinement. Paris, back to jail.

GRACE: Out to you, Sheriff Joe Arpaio, commonly known as the toughest sheriff in the country. He`s at Maricopa County, and he presides over the Tent City jail. Sheriff, how can a sheriff override a judge`s order?

SHERIFF JOE ARPAIO, MARICOPA COUNTY, ARIZONA: Well, that`s a legal, constitutional question. I hope that he will fight for the office of the sheriff, regardless of whether I agree that what he did was correct. But that`s going to be a legal, constitutional question.

GRACE: Sheriff, are these female inmates behind you? Because they don`t look to me like they`re roughing it. They look pretty happy to me. They look like models.

ARPAIO: You say I`m not happy?

GRACE: No. Are those inmates behind you?

ARPAIO: Oh, they`re not happy?

GRACE: Are those inmates behind you?

ARPAIO: Yes. What about it? Are they happy or not happy?

GRACE: Well, aren`t they supposed to be in jail?

ARPAIO: They are in jail. They`re in the Tent jail. It`s 100 degrees here.

GRACE: OK...

(CROSSTALK)

GRACE: Back out to you, David Caplan with VH-1. David, what I don`t understand is why the sheriff hasn`t been held in contempt himself. And what can you tell me about where Paris was when she got arrested to start with?

DAVID CAPLAN, VH-1: Yes, I mean, it`s interesting. Initially, the judge did say that he did want to hold the sheriff in contempt, and that`s when he asked Paris to come back to court, as well. And then in terms of where Paris was -- when she originally was busted, was the question?

GRACE: Yes.

CAPLAN: OK. What happened was -- that led to this was that she was arrested for suspension of her license. She was caught driving with her license a couple months ago. And those stemmed from DUI charges in September.

GRACE: Take a listen to what the sheriff had to say.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The issue of special treatment regarding my decision to release Miss Hilton to home detention after serving five days of her sentence was based on her severe medical problems. She was initially placed in custody without any forewarning to me about her medical conditions. The sheriff`s and county medical staff evaluated her increasing deterioration and provided me with a report upon Miss Hilton`s approval. This is the report. Not going to get a copy of it, but this is the evidence that this lady has some severe problems.

(END VIDEO CLIP)

GRACE: Back out to "OK!" magazine contributor Ryan Smith. What went down in court today when Hilton was hauled back in?

SMITH: Well, when she went back in, the judge basically said that he would not accept the terms that they were trying to present to keep her at home, which were, you know, these medical issues, and basically said to her, you know, she will be going back to jail. This, unfortunately, you know, as expected, had a very strong reaction from both Paris and her family.

GRACE: What else do we know about what happened in court when the judge handed down his sentence, Jean?

ARPAIO: What we know is that her attorneys wanted to go in camera. Now, what that means would be in the judge`s chambers so no one would hear, to talk about this medical condition so the judge could see what a serious situation it was. The judge said no. There was a way to do it, but it wasn`t done that way. And the way would be to file a formal application with the court saying that you want to have her status at the jail reassigned to home confinements. Both sides then are given notice, and it is discussed. That wasn`t done. The judge said she goes back to jail.

GRACE: I was referring to the screaming, crying fit because it just seems to me a few days ago, at the MTV awards, Paris Hilton stated, I`m going to prove to everybody that I can do this. And then suddenly, today in court, there`s screaming, crying, begging for mommy when she`s getting a sentence like everybody else would get, Jean.

ARPAIO: That`s right. And the sheriff in his press conference today alluded man times to a mental issue and medication of a psychological nature that she wasn`t taking since she was in jail. Now, Nancy, we know when you go into jail, you`re processed, and that includes a medical exam. That includes what medications you`re taking. So that`s a big question I think a lot of people have.

GRACE: Let`s unleash the lawyers. Joining us tonight, Susan Moss, Kathleen Mullin and Lauren Lake. Susan Moss, what do you make of it?

SUSAN MOSS, FAMILY LAW ATTORNEY: Well, in the game of Rock, Paper, Scissors, judge trumps sheriff. The judge made an order, and no one seems to be abiding by it. Yes, the sheriff does have the ability to reduce a sentence based upon overcrowding. This was done because of medical issues. What was the medical issues, that she had a bad reaction to wearing orange? It is outrageous, and the judge did exactly the right thing.

GRACE: And out to you, Kathleen Mullin. Since when does a sheriff overrule a direct order? In Judge Michael Sauer`s order, he said, No pay jail -- you can pay to go to a different jail -- no home confinement. He clearly outlined what could not be done, and the sheriff did exactly that thing.

KATHLEEN MULLIN, DEFENSE ATTORNEY: Nancy, the sheriff`s in charge of the jail. The sheriff has the mandate to make sure that the prisoners that are in his custody remain healthy mentally, physically, and that they remain safe, as they do whatever their sentence is. He also has the authority, as you just heard, to reduce sentences for prisoners who are non-violent offenders, who serve a certain period of their sentence, and then to release them on what we commonly call in the parlance "good time." The sheriff has the right.

GRACE: Lauren Lake, I guarantee you, if this were a poor minority female -- women give birth behind bars! Do I have to say Mary Kay Letourneau? Do I have to conjure up that specter? People...

LAUREN LAKE, DEFENSE ATTORNEY: Exactly.

GRACE: ... get medical treatment, mental treatment, psychological, psychiatric treatment behind bars. I`ve seen it myself. Now, correct me if I`m wrong, but less than one week ago, Hilton was posing in front of the cameras at the MTV awards. She looked glam, tres glam. She did not have any type of illness. Now, what happened, Lauren Lake?

LAKE: Nancy, look, you know I`m going to keep it real here tonight. There is no way a medical condition could have surfaced in three days that would warrant Paris Hilton going home. I`m a defense attorney. You know I`m looking for every angle to defend. But let`s really be honest here. Paris Hilton is one of those clients that are great for your pockets and terrible for your patience because you have no way to defend the reason why this girl had to violate her probation, first of all. She could have had a driver. She`s got plenty of money. She doesn`t need to be driving on a suspended license when she`s on probation for a serious offense.

And I just think that it`s kind of crazy for defense attorneys to argue that it would be -- Oh, this is no problem, three days and she`s released. I have represented clients that have done far worse that have been in jail far longer, and I think it`s a travesty for us to suggest that this girl got a mental illness in 36 hours that would warrant her going home!

GRACE: Well, Lauren Lake, you and I rarely agree, but...

LAKE: Rarely.

GRACE: ... I`ve got to tell you, from all the years of prosecution and seeing people go in and out, in and out of the jails, I guarantee you this is an example -- and Judge Sauer is right. This is an example of two- tiered justice system. What are we, the citizens, supposed to think when the rich and powerful can buy their way out based on who they are or what they own, when typically, women, minorities and the poor spend the whole jail term in? And that is not right.

LAKE: And Nancy, just really quickly -- you know there are women in jail with cancer, AIDS, diabetes. They go to the medics. They go to the hospital. They don`t go home!

GRACE: Listen -- look, and I can`t say I haven`t been a hard-hearted Hannah. I`ve taken a guilty plea on many an AIDS patient because that is the law, and they go to jail and serve their time and get out and are treated behind bars.

LAKE: Exactly.

GRACE: Let`s go out to the lines. Jamie in Nebraska. Hi, Jamie.

UNIDENTIFIED FEMALE: Oh, hi, Nancy.

(CROSSTALK)

UNIDENTIFIED FEMALE: ... stuff tonight.

GRACE: I don`t know about that. I don`t think I like the two-tiered justice system out in California. Thank God for Sauer. Go ahead, Jamie.

UNIDENTIFIED FEMALE: Oh, I know. Why is he keeping her medical condition a secret?

GRACE: Yes. What about that? Back out to you, Susan Moss, because if you are going to argue something in court, wouldn`t that have to be under seal? When you make a medical argument in court, that`s usually in open court, Susan Moss.

MOSS: And that`s exactly what she should have been doing, but she isn`t. And that`s because she thinks she`s the best player of Monopoly yet. She gets all the hotels, and she gets a "get out jail" card free. But I`ll tell you something. That`s not the way it should be, and that is not the way it is tonight in LA. And thank goodness for that.

GRACE: And it`s my understanding, Jean Casarez, that every few moments, a judge is sitting on the bench, going, Hello? Where are the papers? Tell me about this mystery medical illness. I want to hear about it. I`m ready to entertain it. But the sheriff never sent it over, and that makes it suspect to me. And if it were for real, why didn`t they give it to the judge?

ARPAIO: And what the sheriff said in the press conference was, We couldn`t do that based on privacy laws, that Hilton had consented, but it wasn`t in writing. So then it would be up to her attorney to get that consent in writing and then have the judge look at the papers.

GRACE: I want to go out to someone very special to us, Glynn R. Birch. He is MADD -- Mothers Against Drunk Driving -- national president. His 21-month-old son was killed by a drunk driver. We`re all talking about the MTV awards and her crying and throwing a fit in court. This is about drunk driving, Glynn.

GLYNN BIRCH, MADD PRESIDENT: And thanks, Nancy. You`ve been consistent in reminding the public the real issue. So thank you for showing the pictures of the victims. These are the real victims who -- of drunk driving. This is a serious crime that she was arrested for, and she needs to pay the consequences so justice is prevailing.

GRACE: What did you think when you learned -- I was shocked that Paris Hilton had walked free.

BIRCH: I can`t express the words. But you know, we`re talking about Paris Hilton. We`re talking about many people who are arrested similar to Paris. It is not treated as a serious crime, and so Paris is just highlighting the flaw in our system. We need to understand that 14,000 people that are dying due to drunk driving is too many.

GRACE: Very quickly, everyone -- we`ll all be right back. We are taking your calls live with a panel of experts and lawyers to answer your questions. But to tonight`s "Case Alert." An 18-year-old Kansas girl vanishing while shopping at a local Target, cause of death just released, ligature strangulation. The prime suspect, 26-year-old father of one Edwin Hall, behind bars tonight, charged with aggravated kidnapping and murder one in the death of Kelsey Smith, Smith just graduated high school with dreams of becoming a vet. Tonight prosecutors mulling the death penalty.

(BEGIN VIDEO CLIP)

MELISSA SMITH, KELSEY SMITH`S MOTHER: People were asking if we`re angry, if we wanted to do something to him. That doesn`t honor her. All that does is give him more of us, and that`s not happening.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Problems for Paris Hilton, back to jail. That`s the ruling of an LA judge just short time ago told the heiress she could not serve out the balance of her sentence at home. She was screaming, she was crying as she left an LA courtroom. Hilton apparently screamed, It`s not right, and called out to her mother over and over again.

(END VIDEO CLIP)

GRACE: Paris Hilton`s back in jail. It`s not just about Paris Hilton, it`s about what this represents, an alleged two-tiered justice system, where the rich and famous manage to walk away from justice while everybody else does their time if they do the crime.

Out to the lines. Sherry in Illinois. Hi, Sherry.

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

GRACE: Thank you, Sherry. Thank you for calling in. What`s your question, dear?

UNIDENTIFIED FEMALE: My question is about this level of authority. The judge is angry that the sheriff overruled his ruling, and he`s saying that he overstepped his authority. The sheriff was indicating that he had authority from some federal order that he can let people go for overcrowding. And he talked about that in addition to her medical conditions. So who does have the authority, the sheriff, the judge...

GRACE: You know, that`s...

UNIDENTIFIED FEMALE: ... or this federal mandate?

GRACE: ... a really interesting question. And I remember, my jurisdiction, where I practiced law so very long, the federal government had an order on us to reduce jail crowding. But when a judge gives the jail a specific order -- this person will not go to a pay jail, this person will not get home confinement, this person will not get early release, Sue Moss -- the sheriff cannot overrule a specific order, Sue.

MOSS: That`s exactly correct. The sheriff does have the authority to reduce a sentence to avoid overcrowding. This was not about overcrowding. This was about her having this alleged medical condition. And if she wanted to be released from jail, she had the affirmative obligation to tell us all about the medical condition and provide proof that she was, in fact, suffering.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She was initially placed in custody without any forewarning to me about her medical conditions. The sheriff`s and county medical staff evaluated her increasing deterioration and provided me with a report upon Miss Hilton`s approval. This is the report. Not going to get a copy of it, but this is the evidence that this lady has some severe problems.

(END VIDEO CLIP)

GRACE: Yes, I`m reading about the severe problems right now. One of her friends says, It`s so cruel, she wasn`t allowed to wax or use moisturizer. Her skin is so dry right now. I`m not kidding! This is for real.

Out to Sheriff Joe Arpaio with Maricopa County sheriff`s office. He is the sheriff. What type of medical condition would it take for you to give such an early release, Sheriff?

ARPAIO: Well, we have doctors, we have nurses, we have a psychiatric ward within the jail, so we can take care of these people. I don`t know what her problem is. What, does she have a rash? I mean, you know, we can take care of these situations in our jail. I don`t know about LA County.

GRACE: Well, apparently, all we know is there`s a mystery medical illness, although about four nights ago, she was walking the red carpet and smiling for the camera. So far, all we`ve heard is dry skin.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Paris Hilton is going back to jail.

UNIDENTIFIED FEMALE: She was very quiet. She came in, looking a little, I guess, disheveled for Paris Hilton, kind of with her head down and her hands up to her face in a long, gray sweater. She had a box of tissues in front of her. She appeared to be sobbing. I`m behind her, but she did appear to be sobbing throughout the proceedings. When it was over, she did let out a pretty loud cry, and was led out, and actually kind of supported out by some of the deputies in there. Her family in the front two rows, also crying. She said something along the lines of, "This just is not right."

(END VIDEO CLIP)

GRACE: The last time I have seen someone throw a fit like that in court come sentencing time was a 78-year-old woman that I tried for grand larceny. Oh, yes, this was quite the scene in the courtroom today. Out to Beatty Cohan, psychotherapist. What is a nervous breakdown?

BEATTY COHAN, PSYCHOTHERAPIST: Well, I think that, in Paris`s case, she could be suicidal. She obviously is not psychotic. I would doubt very much if she was hallucinating. So obviously she`s having a very, very difficult time.

However, Nancy, if she is indeed suicidal, there are psychiatric people within the jail who could certainly work with her. And if that was not possible, then she could be released to a locked psychiatric hospital and certainly not be sent home wearing an ankle bracelet. So if everybody is really that concerned about her psychiatric medical condition, then appropriate action should be taken. And going home is certainly not the appropriate action. That would really put her at risk.

GRACE: To Jean Casarez with Court TV, when the sheriff let her go home, it was on house arrest. And apparently -- Ellie, could you come over, please? He was going to send her home with one of these. This is -- I want to thank Somerset County out of New Jersey for letting us see what - - all the way, Ellie. It`s time. Oh, it is. This is Ellie. You just lock this thing on, and that`s it. That`s the whole shebang. It`s over.

And isn`t it true -- I want to you have this. Thank you to Somerset County, New Jersey. Isn`t it true that, yes, she got home detention, but there were no rules on who could come in and out, whether there could be drinking, whether there could be no drugs. There were no rules at all on home detention.

JEAN CASAREZ, COURT TV: That is what is being reported. Now, we haven`t seen the actual order allowing that home detention, but it`s believed that she can go anywhere obviously in the home, out to the mailbox, to the street, could have parties, even alcohol.

GRACE: Parties, including alcohol. This is after a DUI bust. Out to the lines, Sheryl in Michigan, hi, Sheryl.

CALLER: Hi, Nancy. As a mother of a murdered daughter from a drunk driver, I`m wondering if there`s anything that could be done to the sheriff for his contempt of the judge`s order?

GRACE: Yes, as a matter of fact. It`s my firm belief -- and Lauren Lake, I think that the judge, Judge Sauer, just went that far, he was that far from holding the sheriff in contempt for violating his order, Lauren.

LAUREN LAKE, DEFENSE ATTORNEY: Yes, the sheriff got very lucky. I think, after the judge ordered her back to jail, maybe he just kind of calmed down a bit, because before, Nancy, he was ready to roll on that sheriff.

And this is what I`m talking about. This is where we have to be careful about the precedent and the climate that we`re setting in our justice system. We run around all day saying, "Respect the judge. Respect the judge." If the sheriff doesn`t respect the judge, what kind of statement is that making?

GRACE: And back to you, Kathleen Mullin, you disagree.

KATHLEEN MULLIN, DEFENSE ATTORNEY: Strongly. Listen, everybody on this program, from the doctor to the defense lawyer, thinks Paris Hilton belongs in a jail cell. Nancy, Paris Hilton is a first-time nonviolent offender. She is eligible for early release and all of the programs that the sheriff has in his arsenal of things that he uses to keep the population of his jail down every day of the week. Just because she`s Paris Hilton, that`s the reason Sauer sentenced her the way that he did. Why are we not questioning -- why is it that the judge decided to give her this kind of sentence?

GRACE: I think you let something out.

MULLIN: Go ahead, what is it?

GRACE: She was a first-time offender the first time. Then there were the two violations. That equals three.

MULLIN: But she still is a nonviolent prisoner.

GRACE: So she`s not a first-time offender.

MULLIN: All right, Nancy. But she`s still a non-violent prisoner.

GRACE: What do you mean, "All right, Nancy"? She`s not a first-time offender. She has thumbed her nose at everything this judge has told her to do.

MULLIN: Why did he sentence her this way, Nancy? Why did he decide, all of a sudden...

GRACE: Because she deserved it?

MULLIN: ... that she`s not allowed to have house arrest, she`s not allowed to have early release. If she were a minority, as we were talking about earlier, a minority non-violent offender, Nancy, she would have been eligible for the release.

GRACE: Actually, I don`t have to tell you why. I`ll let Glynn R. Birch tell you why. Glynn, why was jail necessary, in your opinion, after Paris Hilton violated probation twice?

GLYNN BIRCH, MADD PRESIDENT: Paris has shown no remorse. She has not taken responsibility for her actions. This is the reason why the judge has sentenced her for her time. Drunk driving is a violent crime. When she mentions it, it`s not -- it is. It is one of the most frequently committed violent crimes in America. The first-time offender, oftentimes, the conservative numbers say, will drive 87 to 200 times before they`re caught. So we have to take note of this.

And I want to take the time to thank all of America for calling into our offices. We`ve been flooded with calls and e-mails demanding justice, and I think the media has been an ally in releasing this. We understand why the numbers are up. You know, just the past Memorial Day, the numbers were released that we had an increase, for the past 15 years, higher than any other time; 18,000 people are dying due to drunk driving, and millions are being injured.

GRACE: Glynn, you know what I find interesting is the MADD, Mothers Against Drunk Driving, and this is Courtney Birch. This is Glynn`s little boy, 21 months old, who lost his life to a drunk driver back in 1988. What would he be today? Maybe he`d be just like his dad, I don`t know. But your figure as to how many times people have driven drunk when they are finally busted?

BIRCH: You know, as I talked about, 87 to 200 times, conservative numbers have shown. It`s amazing.

GRACE: Out to the lines, Yvette in Kentucky, hi, Yvette.

CALLER: Hi.

GRACE: What`s your question, dear?

CALLER: My question is, why didn`t she get a contempt of court charge for not being at court when she was supposed to be and she had to be hauled in?

GRACE: Very often, you`ll get an attachment when you`re supposed to be in court, and they bring you in. I noticed there was not a contempt order, Jean. Why do you think that is, because he was sending her back to jail anyway?

CASAREZ: I think that`s an interesting question, because the hearing was set today for 12:00 noon. She was at home. She wasn`t apparently going to be there, and the judge had to order that vehicle, the squad car, to go pick her up, so he must have done that in lieu of any contempt order.

GRACE: That`s the last thing you want to do is to not show up in court when the judge is sitting on the bench waiting.

I want to go out to Dr. Marty Mackary, physician and professor of public health at Johns Hopkins. Doctor, if she were really having a nervous breakdown -- I mean, just a few nights ago, she was posing for cameras at VH-1 awards. She looked stunning and told the public how she was going to tough it, and go to jail, and prove she could do it. What`s the likelihood of a serious mental illness developing in three days?

DR. MARTY MACKARY, PHYSICIAN, JOHNS HOPKINS: Well, Nancy, to be honest, it just doesn`t add up from the outside. We take care of a good number of celebrities, politicians, high-profile people. And if there`s one common trait in that group, it`s that, on one hand, they can mask sub- underlying conditions and, on the other hand, it`s often convenient for them to have a disease, because all of the sudden they`re a victim, and they have a disease now that they can hide behind. The truth is that there are certain things where you just really can`t explain, and this is one of those things where things don`t add up.

GRACE: That probably explains, David Caplan, why those medical documents were never sent to the judge the sheriff kept waving around in front of the cameras.

DAVID CAPLAN, "STAR" MAGAZINE: Yes, absolutely. It`s been a very, you know, closed secret. And, in fact, earlier today the sheriff did say, though, when Paris entered the jail in Lynnwood a few days ago that she was medicated for some mystery mental condition. So that`s the most we know, that it`s some alleged mental condition. But it`s so murky, because even yesterday there was another report claiming that she had a rash.

GRACE: It`s the S.B. syndrome, the spoiled brat.

CAPLAN: That could easily be it, and that`s a mental condition, as well.

GRACE: That display in court! Out to you, Donald Schweitzer, former detective, Santa Ana P.D., what do you think was behind the sheriff`s action today?

DONALD SCHWEITZER, FORMER DETECTIVE: Well, this shows you that our politicians dressed up like sheriffs cut deals with high-powered attorneys and family members by the name of Hilton. The rank-and-file police officers and DAs in this country hate it when this happens. The public generally doesn`t know that it`s happening, and that`s what this case is great for, is it`s illustrating a problem that we have in our society.

(BEGIN VIDEO CLIP)

PARIS HILTON, HOTEL HEIRESS: Well, I did have the choice to go to a pay jail, but I declined, because I feel like the media portrays me in a way that I`m not. And that`s why I wanted to go to county, to show that I can do it, and I want to be treated like everyone else, and I`m going to do the time. I`m going to do it the right way.

UNIDENTIFIED FEMALE: She was screaming. She was crying as she left an L.A. courtroom a couple of minutes ago. Paris Hilton was ordered to go back, go back to jail. Hilton apparently screamed, "It`s not right," and called out to her mother over and over again after the L.A. Superior Court Judge Michael Sauer said, no, she has to serve the remainder of her sentence in jail rather than at home for a reckless driving parole violation.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

HILTON: Well, I did have the choice to go to a pay jail, but I declined, because I feel like the media portrays me in a way that I`m not. And that`s why I wanted to go to county, to show that I can do it, and I want to be treated like everyone else, and I`m going to do the time. I`m going to do it the right way.

UNIDENTIFIED FEMALE: She was in fairly decent spirits on the red carpet at the movie awards. She said she wanted to serve her time, she wanted to face the consequences, she wanted to be treated like anybody else.

HILTON: I`m really scared, but I`m ready to do this, and I hope that I`m an example to other young people when they make decisions.

(END VIDEO CLIP)

GRACE: That was no example in open court today. When Paris Hilton was sent back to jail, she started screaming and crying in court, quite the spectacle. Out to Sheriff Joe Arpaio with Maricopa County, what message does this send to let someone rich and powerful cut their sentence and go home over the order of the judge?

JOE ARPAIO, MARICOPA COUNTY SHERIFF: It`s a bad message. You see all these ladies back here?

GRACE: I do.

ARPAIO: I could put them on house arrest. I`ll go to my grave before anybody goes on house arrest. It`s only 128 here today in the tents, so I don`t go for house arrest, although I could do it. I will never do it. They`re going to go on house arrest, and drink martinis, eat steak, drink beer? Never happen.

GRACE: Sheriff, why is it that you are so dedicated to your inmates serving their time and learning something maybe?

ARPAIO: Well, I think they`re learning. You know, if you do the crime, you`re supposed to do the time, not half of it, not five days. Around here, you do it all. That`s my philosophy; 1.5 million people have come through the jails since I`ve been the sheriff, second largest in the United States. And that`s the way it`s going to be in this county. I don`t know about L.A. County. That`s a different issue.

GRACE: Well, it`s just another debacle in the California justice system. Joining us, Sheriff Joe Arpaio in Maricopa County jail, in the infamous or famous tent city inmates. I want to go now to a special guest joining us by phone, Joseph Errante. He is the owner of Cafe Bocelli`s, and paid out of his own pocket for a billboard, "Boycott the Hiltons: Money Talks so the Hilton Walks."

Mr. Errante, thank you for being with us. Why the billboard?

JOSEPH ERRANTE, PAID FOR BILLBOARD: Well, we need to get a message across to these younger kids out there that, if your parents have money, it doesn`t mean you`re going to get out of it. You know what? This DWI is getting way too out of control. Too many people are dying because of this. We need to get this message out. You know what? You`re going to get behind that wheel and drive that car? You`re going to jail. And that`s the bottom line.

GRACE: Did you get a response from your billboard?

ERRANTE: I got everybody responding on it, and everybody`s behind me on this. You know what? What kind of a message are we showing our children, all of this younger generation? You know, to me, I see parents are not doing their right job. With all the money they have, you`re telling me you couldn`t get a limousine to come and pick you up?

GRACE: Yes, and with all that money -- and this is a different comment -- to never have finished high school, to never have gone to college, I remember we had a choice: Go to college or work. Those were the two choices. I mean, people would give their eye teeth to have that type of privilege.

And I don`t think you need more, Jean, that this is just about Paris Hilton. It`s about the perception of a two-tiered justice system, and that is not what our Constitution -- that is not what people fought and died for, a two-tiered justice system. Then the sheriff today says, "I don`t want Paris Hilton to be treated like a football." He`s the one that let her out of jail early. He`s the one that put the football in motion.

CASAREZ: No, I agree with you. This is a much, much larger issue than Paris Hilton, and it emulates from the beginning, when she was pulled over last fall, could have been anyone, for misdemeanor DUI. Her alcohol level was .08 or above the legal limit of California, and that`s the issue, on the road drinking.

GRACE: And to David Caplan with VH-1, so far her P.R. people have been trying their best, but today in court was a disaster. This could have been a time for her to step up to home plate and hit a home run, the way the guy on "Home Improvement" did, ABC`s "Home Makeover," and say, "Look, I did a bad thing. I`m going to pay for it, and I`m going to do my best to be better," but that is not what happened today.

CAPLAN: No, absolutely not. I mean, we saw today in court, she came. She was weeping. She was crying. She looked almost like she was playing to a role of this uber-victim, because a few days ago, we saw a very different Paris Hilton. And she didn`t speak in court. She wasn`t asked to speak in court. And I think she just came across looking really bad, that she, again, was almost like creating a character. She seemed so unbelievable in this whole saga.

GRACE: Out to Wanda in Tennessee. Hi, Wanda.

CALLER: Hey, Nancy. Love your show.

GRACE: Thank you for watching. What`s your question, dear?

CALLER: Yes. My question is, if her condition was deteriorating so fast, why wasn`t she sent to the hospital instead of home? And would the sheriff be responsible if anything had happened to her after she got to her house?

GRACE: To Dr. Marty Mackary, why wasn`t she sent to a hospital or a medical facility?

MACKARY: Good question. There`s a steady flow of patients from every jail to every hospital in the vicinity. And in every emergency room in the country, there are a lot more incarcerated people than people appreciate. So the fact that she didn`t go to a hospital, she didn`t go to a medical ward, a doctor didn`t come and see her in the jail, as is done, that raises suspicions. It`s not the third grade, where you just skip out of class and go to the library.

GRACE: Weigh in, Sue Moss.

SUSAN MOSS, FAMILY LAW ATTORNEY: This sheriff has made a mockery of the L.A. judicial system. He has made this the hokey-pokey. You put your right foot in, and then, three days later, your whole body gets to go out. Paris is guilty not only of the DUI, not only of two violations of her probation, she also didn`t sign up for an alcohol awareness class. She showed up late for court. She also didn`t do community service. There`s a whole rap sheet.

(COMMERCIAL BREAK)

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

(BEGIN VIDEO CLIP)

GRACE: Day one for ladies lockup, and Paris Hilton is finally living the simple life, but this time it`s for real.

UNIDENTIFIED MALE: ... that he was remanding Ms. Hilton to the sheriff`s custody.

GRACE: Everybody`s so high on talking about young Hollywood and the MTV awards. You know what? That`s B.S.

UNIDENTIFIED MALE: ... to serve the remainder of her sentence at the Century Regional Detention...

UNIDENTIFIED MALE: No, no, no, no!

GRACE: Two little toddlers drown about 150 yards from their very own home. Why? The babysitter was asleep. Why? The babysitter was drunk.

As you have heard by now, the body of Kelsey Smith has been positively identified. Joining us right now are Kelsey`s parents, Melissa and Greg, and her boyfriend, John Biersmith.

GREG SMITH, KELSEY SMITH`S FATHER: The detective that`s in charge of that, because he told me he`d never lie to me, and that he`d give it to me straight if I asked for it, and he did. So I`m very grateful that he was quite frank with me and didn`t try to shield me from that.

GRACE: You have told me, Missy, are trying very hard to make something positive out of this horrible tragedy. What are you trying to do?

MISSY SMITH, KELSEY SMITH`S MOTHER: Yes, ma`am.

GRACE: What are you trying to do? I want other crime victims to know how strong you are being.

(END VIDEO CLIP)

GRACE: Tonight, our prayers still with the family of Kelsey Smith.

Let`s stop to remember Army Sergeant Justin Wisniewski, just 22, Standish, Michigan, killed, Iraq. An all-conference football star, he enlisted straight from high school on a second tour, receiving the Army Commendation Medal, Bronze Star and Purple Heart. Loved his country, his small hometown, hunting and fishing with a million-dollar smile. He gave his life trying to rescue three captured U.S. soldiers. He leaves behind grieving family, parents, Dan and Sheryl, two sisters, Jessica, Jodie, brother, Jason, girlfriend, Beth. Justin Wisniewski, American hero.

Thank you to all our guests, but especially to you for inviting us into your homes. See you tomorrow night, 8:00 sharp Eastern. A special good night tonight from the New York control room. Good night, Liz, Brett, Dan. Who`s that on the end, Rosie? Until tomorrow night, good night, friend.

END

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