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NANCY GRACE

Aspiring Actress Found Murdered in Santa Monica Apartment

Aired March 18, 2008 - 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: Tonight, the mystery surrounding a stunning young actress/model found brutally murdered inside her Santa Monica home. Twenty-one-year-old Juliana Redding`s mother tries desperately to reach her for days. Tonight, police literally investigating a trail of blood near Redding`s apartment. Tonight, authorities remaining tight-lipped. Who killed 21-year-old Juliana Redding?
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Yellow crime tape still surrounds the four-unit apartment complex on Centinela Avenue, an officer on guard to keep people away. It is here in apartment A that officers made a gruesome discovery, the body of 21-year-old Juliana Redding. Neighbors tell us Redding had been living in this apartment since November with her dog. She had apparently moved to LA from Tucson, Arizona, to pursue an acting and modeling career. It appears Redding was assaulted, but investigators won`t rule anything out. While her apartment was easily accessible from the street, it did have security bars on all doors and windows. Neighbors are worried.

(END VIDEO CLIP)

GRACE: And tonight: 22-year-old coed student body president UNC Chapel Hill last seen 1:30 AM doing homework, 5:00 AM, 22-year-old Eve Carson found shot to death in an intersection near campus. Anonymous tips lead police straight to suspects 21-year-old Demario Atwater, 17-year-old Lawrence Lovette, both caught on grainy surveillance video brazenly using Carson`s ATM card, both on parole at the time of Carson`s cold-blooded shooting.

Bombshell. Disturbing details emerge, with rap sheets as long as a football field, court dockets reveal one delay, one bungle after the next. Result, both of them, alleged killers, walking free on the streets to commit two murders of innocent students. Why weren`t they in jail? Tonight, the mayor of Durham joins us, formally demanding answers. Why weren`t they behind bars? UNC`s Eve Carson and Duke student Mahato did not have to die.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Could the murders of UNC Chapel Hill Eve Carson and Duke University grad student Abhijit Mahato have been stopped? That question swirling around an outraged community, as Durham`s mayor and the Department of Corrections demand a full-scale investigation. Court records show two murder suspects falling through the cracks of the justice system time and time again, 21-year-old Demario Atwater on parole at the time of Carson`s shooting and in court just 48 hours prior. But a clerical error allows him to walk free. Seventeen-year-old Lawrence Lovette also on probation at the time of Carson`s death for misdemeanor larceny and breaking and entering.

And in a shocker, we learn Lovette arrested at least twice between Carson`s killing and Mahato`s on multiple charges, including car theft, burglary and resisting arrest. As officials sift through mistakes potentially costing two students their lives, thousands at UNC Chapel Hill attend a memorial for 22-year-old Eve Carson.

(END VIDEO CLIP)

GRACE: Also tonight: A Georgia mom of three comes home to her worst nightmare come true, her three toddler children and their dad gone, car gone, suicide note on the bedroom dresser. Tonight, police and FBI on high alert in the time-critical search to save the lives of three little toddlers.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Police say he vanished with the three toddler children. And tonight, their mother desperately wants them home.

UNIDENTIFIED FEMALE: I`m asking the public to please help me. I want my children home where they belong, with me.

UNIDENTIFIED FEMALE: Three-year-old Cedric (ph) Harrington, 23-month- old twins Alia (ph) and Ajena (ph) Battle (ph) missing since March 5. That`s when police say 28-year-old Eddie Harrington took off from their Columbus, Georgia, home with no warning, just a heart-wrenching suicide note left on a dresser and a disturbing letter mailed to his father. Harrington says he can`t go on living and was going to kill the kids. Tonight, a nationwide Amber Alert.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want thank you for being with us. Tonight: A gorgeous young actress/model found dead in her Santa Monica home. Who killed 21-year-old Juliana Redding?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Beautiful aspiring actress and model Juliana Redding came to Los Angeles with a dream, a dream of making movies, a dream she`ll never see realized after police find Juliana dead in her apartment, the apparent result of a homicide. Police say Juliana died of an assault but won`t comment on whether a weapon is involved. Tonight, police asking for your help, looking for information on the last 48 hours of Juliana`s life.

UNIDENTIFIED MALE: We`re hoping that some of the neighbors or friends could provide us some information as to the last time they saw her or spoke with her so that we can continue our investigation in hopes of finding the person or persons responsible for her murder.

(END VIDEO CLIP)

GRACE: Straight out, joining us from the scene, Jane Velez-Mitchell, investigative reporter. What can you tell us, Jane?

JANE VELEZ-MITCHELL, INVESTIGATIVE REPORTER: Nancy, this is such a horrible tragedy. This Juliana Redding, a stunning 21-year-old who came here from Tucson, Arizona, a couple years ago to make it in Hollywood as an actress and a model -- a few months ago, back in November, she settled into this apartment complex behind me here in Santa Monica. As you can see, it is a very quaint complex, white picket fence, foliage, but there are bars on the windows. And she had told a friend that she was scared living here, which is interesting because this is not considered a dangerous neighborhood. So maybe she had some kind of premonition or some knowledge of something gone wrong.

Tragically, this past Sunday, she was discovered dead inside that apartment, the first unit behind me. What happened is her mom couldn`t reach her for at least several hours and became concerned. Friends called the mother saying, We`re trying to get in touch with Juliana. We can`t reach her, either. She called the cops. The cops come here, they find her dead of an apparent assault. They are treating this as a homicide.

Interesting point that may provide clues, no visible sign of forced entry. Also, Juliana had a pet dog. The dog was inside. It was fine and is now at a local animal shelter.

An autopsy was done today. We do not have the results of it, except authorities are saying that they believe she may have been dead up to 48 hours, which would put the murder time at about Friday night or somewhere in that area. But we don`t know for sure.

And there are many unanswered questions. As you see here, people are totally distraught. They are leaving flowers. They are stopping by. So many neighbors have come up to me and said, you know, Why does this have to happen? A really shaken neighborhood.

And by the way, Nancy, this isn`t the glamorous part of Santa Monica. That`s about four miles to the west. That`s the beach, that way. That`s where the Ivy (ph) restaurant and all the multi-million-dollar condos and all the glamour is. This is four miles east of that inland, but still a very nice residential area.

GRACE: So Jane Velez-Mitchell, the only reason cops went to Juliana Redding`s apartment was because her mom was unable to reach her by phone?

VELEZ-MITCHELL: Yes. But it was also friends that had called the mom, said, We can`t reach her, either. And apparently, there was a friend who wanted to go -- or was supposed to play pool with her on Sunday and couldn`t reach her, either. So there was sort of a chorus of people wondering where she was.

An interesting point, Nancy, is that according to an ex-boyfriend, she had been putting (ph) her way through college -- she went to Santa Monica College, which is nearby -- by working as a waitress at a strip joint on Sunset Boulevard. And many young women do this because they get great tips and they go on to fabulous careers. So certainly no judgment there. But she was working, apparently, in the past, within the past several months. And that could provide some clues in that perhaps she ran into somebody who was unsavory in the course of doing that, trying to put herself through college and be an actress and a model at the same time.

GRACE: I want to go out to Lieutenant Alex Padilla with the Santa Monica Police Department. Lieutenant, thank you for being with us. I know...

LT. ALEX PADILLA, SANTA MONICA POLICE DEPARTMENT: Sure.

GRACE: ... that we are receiving very little information from police. I understand that you do not want to compromise the integrity of the investigation.

PADILLA: Correct.

GRACE: But simply on statistics alone, I would surmise that you are starting with boyfriends, ex-boyfriends and people that frequent the strip club.

PADILLA: Well, we are talking to people that have spoken with Juliana, with the boyfriend, ex-boyfriends, anybody else that may be able to give us some insight as to the last time they saw or spoke with her. We`re certainly not ruling anything out. So this is an ongoing investigation, and we are asking for the public`s help.

GRACE: Tonight, we are asking for your help in the death of a gorgeous, stunning young model, actress Juliana Redding, just 21 years old, left home there in Arizona, a very good family, a very good neighborhood, a good girl, goes to make it big in Hollywood. She has been found dead in her Santa Monica home.

I want to go to John Ramey, editor with KNX 1070. John, thank you for being with us. Is it true that some of the neighbors or one of the neighbors heard a scream but did nothing?

JOHN RAMEY, KNX 1070: I`ve not heard any reports of the neighbors, apart from saying that they were supposed to play pool with her on Sunday night and that the lights were out, and so they assumed she had gone out already.

GRACE: So we know, at that juncture -- about what time was that, John Ramey?

RAMEY: Well, it was in the evening time. The lights were out, and they had assumed that she was already out on the town. That`s why they couldn`t get a hold of her. That`s why she was not available, apparently, to play pool with a next-door neighbor.

GRACE: Well, actually, that`s very significant because that should give police the beginning of a timeline, roughly speaking.

I want to go back to Jane Velez-Mitchell, investigation reporter, joining us there on the scene of the death of 21-year-old Juliana Maureen (ph) Redding. Jane, have you heard anything about the neighbors hearing a scream but doing nothing?

VELEZ-MITCHELL: I did hear something about that, Nancy. And I can`t say where I heard it, but yes, I have heard that, but I haven`t been able to confirm it. But this is a very tightly packed area. And I can`t imagine that if there was a commotion going on in that unit and there was a struggle that other people wouldn`t hear that. I mean, I would think that that would carry.

This is not an area where you would have a long yard, where something happens in a house that`s isolated. This is a neighborhood where apartment complex is packed on top of apartment complex. And if somebody`s screaming and struggling for their life, other people, unless they`re deaf, are going to hear it.

GRACE: Let`s go out to a friend of the show, Marc Klaas. He is the president of Beyondmissing. Not only is he a tireless victim rights advocate, he is a crime victim himself, his daughter, Polly, having lost her life many years ago, a little girl, Polly. Marc, it`s great to see you again. Marc, right now, what advice would you give family, friends, boyfriends, even the patrons of that strip club, that are questioned?

MARC KLAAS, BEYONDMISSING.COM: Well, first of all, I`d like to offer my condolence to her family. This is just such a terrible tragedy. She obviously had so much promise.

I think there are several things that you tell people. First of all, you would tell her family that they have to emulate our example, Nancy. And that`s fight back and find a way to create meaning out of her death so that another young woman doesn`t suffer the same fate that she did.

Beyond that, though, I think you have to tell friends, patrons of the strip club, peripheral contacts, anybody law enforcement might approach that they have to fully cooperate with law enforcement, even to the extent that they might have to take a polygraph exam. And that`s not necessarily to -- to implicate them or exclude them from guilt, but sometimes you know something that you don`t even know that you know that can be pulled out via a polygraph exam. So I guess it`s transparency and for the family...

GRACE: Right.

KLAAS: ... to find ways to fight back and hope.

GRACE: And Marc, you`re speaking from experience. When Polly was taken -- police naturally go straight to the father`s home and go, Let us search your place, let us search your car, your garage, take a polygraph. We want to check your body for DNA. What did Klaas do? He said, Let`s go right now to the police station because the minute you rule me out, you can start looking for the real perpetrator. Don`t delay. Don`t stonewall. Go, for Pete`s sake. It could be the riddle -- the answer to the riddle of solving this crime.

Out to the lines. Beverly in New York. Hi, Beverly.

UNIDENTIFIED FEMALE: Hi, Nancy. I had a question, but I think it was already answered, about the boyfriend.

GRACE: What about it?

UNIDENTIFIED FEMALE: I wanted to know if -- she had a dog. Do you think that the boyfriend was familiar with the dog, and that`s, you know, who might have done it?

GRACE: Interesting. To Jane Velez-Mitchell. Remember -- I know it sounds silly, but we`ve seen in several cases where a dog barking or the dog left behind or the dog having been fed actually helps solve a case. How recent was this last boyfriend? And what do you know? Was he familiar with the dog? Had he been in and out of the apartment? Did he have a key? Was there a forced entry?

VELEZ-MITCHELL: Well, all I know -- and I agree with you Nancy, a lot of cases have been solved due to dog hairs or the behavior of the dog or -- remember Kato, the famous dog in the O.J. Simpson case...

GRACE: Right. Right.

VELEZ-MITCHELL: ... the barking. But all we know is that she had a boyfriend currently and also an ex-boyfriend who was a young man that she met on a movie.

GRACE: Out to the lines. Patty in Arizona. Hi, Patty.

UNIDENTIFIED FEMALE: Hi, Nancy. Thanks for your wonderful show. And congratulations on your beautiful children.

GRACE: Thank you.

UNIDENTIFIED FEMALE: I think my question may have already been answered, actually.

GRACE: OK.

UNIDENTIFIED FEMALE: They said that they do testing on the dogs. That was my question. What kind of forensic testing will they do on the dogs?

GRACE: What about it, Jane? You`re familiar with this.

VELEZ-MITCHELL: Well, they take the dog hairs and they analyze them, and then obviously, they have a clue. And if they run into somebody who has that dog hair on them, then they can do a match and say, well, maybe that person was in the apartment at the time and left with that dog hair. There was a case in New York where a woman was brutally murdered, Ymette St. Guillen (ph), and there were dog hairs that connected the suspect to the victim.

GRACE: You`re absolute right, Jane Velez-Mitchell.

VELEZ-MITCHELL: Or animal hairs.

GRACE: Let`s go out to Dr. David M. Posey, medical examiner and pathologist with the Glen Oaks pathology medical unit. He`s joining us from LA tonight. Doctor, thank you for being with us. Very quickly, we`re all familiar with the analysis of human hair. We`re familiar with the hair nucleus, the root of the hair, mitochondrial DNA that is achieved from some hair. What about canine DNA from hair?

DR. DAVID M. POSEY, MEDICAL EXAMINER, FORENSIC PATHOLOGIST: Well, canine DNA is going to be -- and their hair will be similar to human. And so the analysis issue just mentioned is exactly what they want to do. There`ll be unique features to the dog involved, and if they find hairs on a suspect, they can take and compare the hairs and get some good comparisons. And then, of course, the issue that you mention, Nancy, the DNA is really an important issue because you can take the DNA from the hair of the known dog, and if there`s DNA on the suspect hair, match it up. You`ve got a good match, and that would be a good...

GRACE: A good start, anyway.

POSEY: ... straight track to -- yes, darn right. Right to the perpetrator.

GRACE: To Dr. Susan Lipkins, psychologist and author. Dr. Lipkins, do you, from your vantage point, believe this is random? We have heard of no robbery or sex attack, no forced entry. Or was it targeted?

SUSAN LIPKINS, PSYCHOLOGIST: I don`t think it`s random. Obviously, there were bars everywhere, and it seems as if there -- you know, the person knew her in some way and was able to gain access. So I think that the crime may have been planned, and I`m not quite sure that the victim was random. I don`t think so.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Apparently, some of her friends, the victim`s friends had been calling the mother because they hadn`t been able to contact the victim. The mother tried to call the victim at her apartment, as well. And after not being able to do so, she called the police department and asked us to go to her daughter`s apartment. And that`s when we found her inside the apartment, dead.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Yellow crime tape still surrounds the four-unit apartment complex on Centinela Avenue, an officer on guard to keep people away. It is here in apartment A that officers made a gruesome discovery, the body of 21-year-old Juliana Redding. Neighbors tell us Redding had been living in this apartment since November with her dog. She had apparently moved to LA from Tucson, Arizona, to pursue an acting and modeling career.

(END VIDEO CLIP)

GRACE: Let`s go straight out to the lines. Kelly in South Carolina. Hi, Kelly.

UNIDENTIFIED FEMALE: Hey, Nancy. How are you tonight?

GRACE: I`m good, dear. What`s your question?

UNIDENTIFIED FEMALE: Well, first I want to make a comment. We`ve all heard of the kooky photographers. And the first thing that comes to mind is, was she working on a project, and could she have possibly become affiliated with a photographer or someone who might have become obsessed with her?

GRACE: Kelly, actually, I`m sure you`re referring to a recent case of a model/actress killed by a photographer, her body found out in the desert.

Out to John Ramey, editor with KNX 1070. What do we know about this planned upcoming pictorial shoot?

RAMEY: Well, she was supposed to be doing a shoot this morning, and obviously, she died before that was ever able to happen. There`s another interesting note that`s come up late here. One of the local news agencies is reporting that police are now investigating a trail of blood leaving -- leading away from her apartment. I don`t know if Lieutenant Padilla can comment more on that. But I guess that has been a recent expansion in the scope of the investigation.

GRACE: Interesting, because, John Ramey, police refuse to release the cause of death. But you`re saying a source is telling you about this trail of blood, yes?

RAMEY: Yes. It`s on the sidewalk leading away from the apartment right there on Centinela. And they said that they were now investigating that and thinking it was somehow linked to her death.

GRACE: Out to the lines. Cindy in Pennsylvania. Hi, Cindy.

UNIDENTIFIED FEMALE: Hi. I love you and I love your babies. They`re so adorable.

GRACE: Thank you for watching and for your kind wishes for the twins.

UNIDENTIFIED FEMALE: Yes. I was wondering if -- nobody said anything about if she had a roommate.

GRACE: You know, that was one of my first questions. And it`s my understanding, Jane Velez-Mitchell, she did not have a roommate.

VELEZ-MITCHELL: That is my understanding, as well, Nancy. And getting to this photo shoot, I have to say the first thing that occurred to me is why would a girl who really has no fame be being shot for a cover of a magazine? It doesn`t add up to me.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We`re just sorry for her family. You never can be too, too sure, you know, what`s around the corner or anything else.

UNIDENTIFIED FEMALE: People do come here because it`s a great community. People know their neighbors. And like, my neighbors, we all rely on each other, so I guess now it`s just know your neighbors.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This area is still off limits with police tape as forensic investigators continue to collect evidence from apartment A. How and why Redding was killed is still a mystery. Police believe her death may be the result of an assault. Detectives are trying to get more information about the people Redding hung out with.

(END VIDEO CLIP)

GRACE: I want to go straight out to Lieutenant Alex Padilla joining us from the Santa Monica Police Department. Lieutenant, what can you tell me about this alleged trail of blood?

PADILLA: We did find some blood on the sidewalk, and it`s too early to tell whether or not that blood is connected to this homicide. However, we did collect samples from that blood and we do have that in case later on, it does become something related to this homicide.

GRACE: To Pat in Tennessee. Hi, Pat.

UNIDENTIFIED FEMALE: Hi, Nancy. How are you?

GRACE: I`m good, dear. What`s your question?

UNIDENTIFIED FEMALE: I love your babies. Congratulations. Listen, has anybody checked on the Internet to see if she was on-line dating secretly? She got friends. I`m sure they know something.

GRACE: Excellent question. Jane Velez, what about it?

VELEZ-MITCHELL: Well, she is listed on IMDB, which is Internet Movie Data Base, as having been in one film, but there is no photograph of her, and usually, actresses do have a photograph of themselves. As far as anything beyond that, I do not know.

GRACE: When we come back: Courtroom delays, bungles send two murder suspects straight on the streets to commit murder.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: If someone is arrested with a weapon, normally their parole is taken away. If you are on parole, in other words, they`re doing this person a favor, they`re allowing him to go out into the community, but if you get in trouble again, you are to go immediately back to prison. But apparently that did not happen. There were several instances when both of these people were arrested over and over again for car theft, for burglary, et cetera, et cetera, and somehow there are all these mistakes were made that they did not get thrown back into prison.

The bottom line is that Eve Carson may very well be alive today if the system had worked correctly.

(END VIDEOTAPE)

GRACE: These two students did not have to die. You should see the timeline that we have developed. One bungle, one example of red tape after the next, dropping the ball. Result, two killers, allegedly, out on the street when they should have been behind bars.

To Shelvia Dancy, reporter with News 14 Carolina, Shelvia, explain.

SHELVIA DANCY, REPORTER, NEWS 14 CAROLINA: All right. Let`s start with the 17-year-old in this case, Lawrence Lovette. In January of this year he was convicted of breaking and entering, got two years` probation for those charges. But at the end of January and middle of February was arrested again for breaking and entering and robbery charges, and was out on probation when those charges happened. And he was on community level probation, which that`s the lowest level of supervision for probation, which meant he had the fewest requirements for contacting probation officers and curfews and that kind of thing. So that`s the case with the 17-year-old.

GRACE: Timeline. Timeline. Timeline. You know.

DANCY: And it`s -- I`m sorry, go ahead.

GRACE: Keep going, Shelvia.

DANCY: I was just going to say, as far as a timeline we know that it was around January 16th he was convicted of those breaking and entering charges. January 18th or 19th is when the Duke student died. March 5th is when Eve Carson from UNC Chapel Hill died.

GRACE: Let`s break it down. On Lovette. November 7th, 2007, he`s arrested. Breaking entering. Larceny. Full two months later -- over two months, January 2008, he`s released after pleading. He gets out on straight probation. And it`s our understanding he has quite a juvenile history. But what did he get for larceny? Straight probation. January 18, just 48 hours later, Mahato, killed, Duke University by Lovette.

Even after that, Lovette out on the street, arrested two more times on nine different crimes, including burglary, car theft, breaking entering, resisting arrest, those charges still pending. He should have been behind bars. March 5, Eve Carson`s body found.

Now, let`s take a look at the codefendant. Atwater. OK. I hope you`re sitting down. January 25, 2005 -- 2005, he`s arrested. February 2005, he`s convicted. Gets straight probation on breaking and entering. June 2006, arrested again. He`s trying to sell a weapon and sell marijuana. November 7th, this is after pleading guilty to firearm by possession -- by a convicted felon. It goes on and on.

I want to go out to Michael Nail. He`s with the Georgia Department of Corrections.

Michael, thank you for being with us. You know, there was a judge in North Carolina that insisted one of these defendants be on intensive probation. Drug screening, urinalysis, weekly reporting. It never happened. Doesn`t probation have to do what the judge says, Michael?

MICHAEL NAIL, GA DEPT. OF CORRECTIONS, FORMER GA DIRECTOR OF PROBATION: Absolutely. In fact, probation is there to serve the courts and enforce the sentences. So without hesitation, absolutely, we`re there to do what the judge orders us to do.

GRACE: You know, it`s amazing to me -- back to Shelvia Dancy, Michael Nail from Georgia Department of corrections just backs up what I thought. There is a judge in all of this jumble that insists that one of these defendants have intensive probation. It was the first offense, breaking and entering. It was a young defendant. I understand the judge giving straight probation on a breaking and entering. First adult offense. But why the probation drop the ball, Shelvia, and not do what the judge told him?

DANCY: This is one of the more interesting aspects of the case. I spoke with someone from the Department of Corrections just this afternoon. He told me there is no magical alert system when someone on probation violates that probation. It`s basically.

GRACE: What?

DANCY: Yes. It sounds strange.

GRACE: Huh-uh, no. Hold on. Hold on.

DANCY: That`s what he told me.

GRACE: Michael Nail, I have -- single handedly observed so many probation rev hearings. There are alerts when a probation officer sees somebody`s not reporting, somebody has been arrested and they find out about it, somebody fails a urinalysis or a drug test. That`s the bell.

NAIL: Yes. That`s correct. There`s several ways probation officers are notified. Through a check of the jail book-in sheets in their respective jurisdiction is one way. Also I know here in Georgia when there is contact with a law enforcement officer and that probationer is run, there`s a (INAUDIBLE) hit generated where it notifies probation officers that this particular probation has had contact with the law enforcement entity. And therefore when you get those, you certainly want to follow-up on them and see what the contact was about.

GRACE: To John Lucich, investigator and author of "Cyber Lies," what exactly is intense probation?

JOHN LUCICH, INVESTIGATOR, AUTHOR OF "CYBER LIES": It`s when you`re actually asked to do -- go through a series of things such as -- like you said before, urinalysis, reporting on a more regular basis. These are two vicious criminals and there`s no doubt about it that the state dropped the ball on following up on them. They should have had access to them all the time.

GRACE: And you know, it`s not just that. One day the -- on one of these previous incidents when the defendant was in court before he -- they started this spree of killing college students, the paperwork went to a different court. They just said, oh, OK, let`s further notice it, let`s continue it, instead of walking their sorry self down the hall and getting the paperwork and handling the case. Handling that probation revocation. Oh, no. That was too easy.

Let`s go out the lawyers, Randy Kessler, joining us out of Atlanta, Nancy Yamini, defense attorney out of L.A..

To you Randy Kessler, is there any way the family can sue the probation department, the judge, or anyone in the system for allowing these people out and not doing their jobs?

RANDALL M. KESSLER, DEFENSE ATTORNEY: Well, there`s a lot of government immunity and it`s probably going to be very hard. But they`re going to make a claim. There`s no question there`s a claim to be made. The system failed Eve Carson and somebody`s got to do something about it. They may sue, they may take other action. They`re going to get something changed. The real question is: did the system fail itself? Was it already set up in a way that should work and somebody dropped the ball and they didn`t do their job? Or does the whole system have to be changed?

GRACE: Say what? What?

KESSLER: The family.

GRACE: They didn`t even walk down the hall to get the correct paper, to do the paperwork for a probation rev.

KESSLER: So what do we do? Do we get new people or.

GRACE: Pink slip, number one.

KESSLER: Right. Or do we say we`re going to raise the level for probation? We`re not going to give probation to anybody even if it`s not a violent crime. That.

GRACE: OK. That doesn`t even make sense. You know, you`re throwing the baby out with the bath water on that one, Kessler.

Nancy Yamini, can they sue? Can the families of Abhijit Mahato and Eve Carson sue the government over this?

NANCY YAMINI, DEFENSE ATTORNEY: Nobody is addressing the fact that the courts are overwhelmed.

GRACE: Is that a yes or a no? Yes, no? Can they sue?

YAMINI: No. Absolutely not.

GRACE: OK. So the answer is no.

YAMINI: Because probation is overwhelmed.

GRACE: We all know the court systems are overwhelmed. I know that. I was in the court system for years and years and years. Of course, they`re overwhelmed. But you know what? That does not excuse not walking down the hall and getting the paperwork on a probation rev. That is inexcusable. Completely. These probation officers that did not call in when these guys were not living up to the terms of probation, inexcusable.

Out to the lines, Julie in Utah, hi, Julie.

JULIE, UTAH RESIDENT: Hi, Nancy. Congratulations on your twins.

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

JULIE: My question is: are they being charged with capital murder and do they have the death penalty in North Carolina?

GRACE: Out to you, Shelvia Dancy.

DANCY: The 16-year-old cannot be charged with capital murder because of the Supreme Court says he`s underage.

GRACE: 17. 17.

DANCY: I`m sorry. 17-year-old. Thank you for correcting me on that. However, when we`re talking about Atwater, he is 21, so that is definitely a possibility for him.

GRACE: OK.

DANCY: We talked to the D.A. last week and he said he`s not going to make any firm commitments at this point but that is something that`s on the table.

GRACE: Joe in Wisconsin, hi, Joe.

JOE, WISCONSIN RESIDENT: Hi, Nancy. Love the show.

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

JOE: I have a general question. I know usually when there`s a white on black crime committed that`s considered a hate crime, is this going to be considered a hate crime since this is a black on white?

GRACE: I have not heard of it being treated as a hate crime. What about it, Shelvia Dancy? Is there any suggestion of that?

DANCY: I haven`t heard anything about that either at this point and no one`s mentioned it so far.

GRACE: Everybody, when we come back, a Georgia mom of three comes home to her worst nightmare come true. Her three toddler children and their dad, gone.

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: A missing dark green Chevy Impala, a suicide note and several sightings across Tennessee. The only clues in the nationwide search for a Georgia father who took off with three small children. And tonight police think they were in grave danger.

UNIDENTIFIED POLICE OFFICER: We are concerned as to the safety and well being of the children because that this individual has attempted to commit suicide in the past. We feel like that we need to find the children as soon as possible. And that`s our primary concern at this point.

UNIDENTIFIED FEMALE: The four believed to be in a green 2002 Chevrolet Impala with Indiana tags.

(END VIDEOTAPE)

GRACE: Did you see the faces of those three little children? Look, dad. You want to leave? Fine. Leave. But did you have to take the three toddlers with you and leave behind a suicide note?

To Harry Franklin with the "Columbus Ledger-Enquirer", Harry what happened?

HARRY FRANKLIN, REPORTER, COLUMBUS LEDGER-ENQUIRER": Well, on the night of March the 4th Eddie Harrington left with his son, 3-year-old Sedrick Harrington and his twin daughters Agena and Aleah Battle without saying anything to his girlfriend, their mother Agena Battle. He left and has not been heard from, from either his family or friends since then.

GRACE: Harry, what can you tell me about an alleged sighting of him leaving a hotel?

FRANKLIN: In Jackson, Tennessee, last week, and I believe that was on Thursday, there was a report to the Jackson police that his car had been seen there and they had been spotted. And later on someone reported seeing him driving north out of town.

GRACE: Out of Jackson, Tennessee?

FRANKLIN: Yes. In fact, western Tennessee about 70 miles northeast of Memphis.

GRACE: OK. Now -- let me ask you this, Harry. Harry Franklin, with us from the "Columbus Ledger-Enquirer. " Harry, were the two tips unrelated? Did two separate people spot the car?

FRANKLIN: I`m not sure about that.

GRACE: Interesting. Joining me right now, I`m hearing in my ear is the mom of these three precious children, Agena Battle.

Miss Battle, what happened when you got home?

AGENA BATTLE, MOTHER OF THE 3 KIDNAPPED CHILDREN: I got home and I realized that the kids wasn`t there and Eddie wasn`t there either. And when I looked on the dresser and red the note, that`s when I realized that my kids are in trouble.

GRACE: How long has he been gone?

BATTLE: It`s been about two weeks now.

GRACE: Oh, lord. OK, any idea where he would have headed?

BATTLE: I have no clue.

GRACE: Is there any connection to Jackson, Tennessee? Do you believe those tips were accurate?

BATTLE: Yes, I do.

GRACE: You do. Why? Why do you believe he was sighted last Thursday, Jackson, Tennessee?

BATTLE: Well, because I found out that he took money with him. If he didn`t take anything but money, so he`s driving about somewhere. And somebody said they`ve seen him, so I really do believe it was him.

GRACE: OK. The two tips out of Jackson, were they the same person or two independent people?

BATTLE: To my knowledge, it was two different people.

GRACE: OK. That`s good. That means as of last Thursday, he was alive. That suggests to me the children were alive. Did either of these tips see children in the car?

BATTLE: No. I don`t know. They didn`t tell me that.

GRACE: Has he ever gone missing before?

BATTLE: No.

GRACE: Has he ever threatened the children before?

BATTLE: Yes.

GRACE: He`s threatened the children. Why? Why did he threaten the children?

BATTLE: He`s just told me that he`ll do anything to keep me at that time. And he said that he was going to take them and, you know, kill himself and the kids. But then later on he told me that it was just to prove to me that, you know, what he`ll do for me.

GRACE: Do you believe that that is what he`s doing now?

BATTLE: I don`t know. I don`t know what to believe. I don`t know.

GRACE: Has there been any activity on the ATM cards, credit cards, gas cards, anything?

BATTLE: I have them all, so no.

GRACE: Would he stay away this long, Agena, and not allow the children to speak to you?

BATTLE: No.

GRACE: Everyone, there is a tip line, 706-653-3400.

To Randy Kessler and Nancy Yamini, is there any charge that could come down on him and possibly Agena could agree to waive it if he would just bring the children home, Randy?

KESSLER: Well, I want to tell him that there`s absolutely hope for him. He has a wife, a his children are going to grow up and want to get to know him, want to know that daddy is a good guy, and they will believe that. And you can do it and you can get back on track. Surely, there are charges from prosecution who represents the state, but they will listen to the victim and they will take into account what she wants. And it sounds like her only concern is to see the kids happy and healthy.

And I would say to him, if he`s listening, please don`t do anything bad. You`ve done something but you`ve not done the worst thing yet, and you certainly can make it better and can still take it back on track.

GRACE: Nancy Yamini, agree?

YAMINI: I agree in some ways. But -- I mean, obviously, yes, he could be charged for kidnapping and so on and so forth. However, the mother can`t really tell the prosecution not to press charges because it is criminal charges. You know, the mother could say I don`t want my.

GRACE: Yes. I understand that. So you`re saying the charges would be kidnapping?

YAMINI: It could be. One of many.

GRACE: What else?

YAMINI: However, he should, you know, I mean, we don`t know -- we don`t know what`s going on in his head. We don`t know his mental issues.

GRACE: OK. Let me repeat the question. What else could he be charged with?

YAMINI: He could be charged with kidnapping, maybe abduction. We don`t know what`s going on right now.

GRACE: Kidnapping is abduction.

YAMINI: I understand that. But, I mean, there`s different charges that he could be faced with.

GRACE: To Harry Franklin with the "Columbus Ledger-Enquirer," what else can you tell us?

FRANKLIN: Well, he is charged by Columbus police with child abuse. And the FBI entered the case and charged him with flight to avoid prosecution. As far as I know those are the only charges pending against him now.

GRACE: To Marc Klaas, Mark, at a time like this, what should police be doing?

MARK KLAAS, BEYOND MISSING, FATHER OF MURDERED POLLY KLAAS: Well, the police, I think, are doing everything they can.

GRACE: They have so many tools that at their disposal that we did not have available in 1993. Everybody knows about this. Everybody understands the seriousness of it. There is so much support for the mother right now. And everybody understands it`s important to get these little children back as quickly as possible so that they can continue with their lives with their family.

GRACE: Everyone, the tip line, 706-653-3400. Please help us bring these toddlers home safely.

(COMMERCIAL BREAK)

GRACE: We at NANCY GRACE on the hunt for parents who inspire. And now tonight`s extraordinary parent.

(BEGIN VIDEOTAPE)

DAN MILLER, WIFE DIED AFTER GIVING BIRTH TO CHILD: I`ll be totally honest with her and tell her that -- who her mother was exactly as I saw her.

UNIDENTIFIED FEMALE: Dan Miller and his wife Christina were expecting the birth of their first child when Christina was diagnosed with ovarian cancer. Just three months after baby Hope was born, Christina passed away. It was Mother`s Day, 2006.

MILLER: A sobering time and something that really kind of makes you kind of step back and think about things when you`re supposed to do this together with someone.

UNIDENTIFIED FEMALE: Now faced with the reality of raising his little girl alone, Dan was forced to soldier on.

MILLER: She really, really enjoyed life just like her mom did.

UNIDENTIFIED FEMALE: At 2 years old, Hope does not fully comprehend the loss of her mother. But Dan is ready for when she starts asking questions.

MILLER: When she gets to wherewithal about the world around her and starts understanding the connection and starts asking why it`s just me, why I only have a daddy, there`s really nothing I can tell her except the truth.

(END VIDEOTAPE)

GRACE: Tonight, let`s stop and remember Army Private First Class Marius Ferrero, 23 Miami, Florida, killed, Iraq. Awarded the Bronze Star, Purple Heart. Lost his life handing out candy and toys to Iraqi children. Loved rap and rock, PlayStation and his prized 200 DVD collection. Favorite movies, "Scarface" and "Fear and Loathing in Las Vegas." Leaves behind grieving mom Mirabel, brother Manny.

Marius Ferrero, American hero.

Thanks to our guests but most of all thank you for inviting us into your homes. See you tomorrow night 8:00 sharp, Eastern. And until then, good night, friend.

END