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Michael Jackson`s Death Now a Homicide Investigation; How Ryan Jenkins Was Cast; Dangers of Texting Behind the Wheel; Defending Michael Jackson`s Doctor; Plus-Size Photo Controversy

Aired August 25, 2009 - 23:00:00   ET


A.J. HAMMER, HOST: Now, on SHOWBIZ TONIGHT, brand-new explosive developments in the death of Michael Jackson.


UNIDENTIFIED FEMALE: Lethal levels of Propofol killed Michael Jackson.


HAMMER: Hour by hour, the shocking cocktail of drugs. Michael`s death now a homicide investigation. But is Jackson`s personal doctor at fault or could Jackson himself be to blame for his own death? SHOWBIZ TONIGHT with late-breaking developments into what really killed the King of Pop.

Casting a killer? How the man who may have brutally killed his wife was cast on reality TV. The casting director speaks out. And what his own parents say led to the deadly drama. Tonight, the inside story behind the reality show shocker.

Plus, the dangers of texting behind the wheel. A graphic and disturbing new PSA reveals a real danger. But does it go too far?

TV`s most provocative entertainment news show starts right now.


Hello. I`m A.J. Hammer, broadcasting tonight and every night from New York City.

Tonight, the Michael Jackson murder mystery. Just when we thought Michael Jackson`s death had exhausted all drama, brand-new revelations are blasting this case into a whole new stratosphere.

Now, a bombshell from police sources - Michael Jackson`s death will be ruled a homicide case. And although the L.A. coroner`s office won`t comment, the newly revealed search warrant affidavit speaks volumes. And now, we know hour by hour the final moments of Michael Jackson`s life.

But as investigators zero in on Jackson`s personal doctor, Conrad Murray, big questions remain, including who really is to blame for Michael`s death. We can tell you this dramatic new turn is making big news right now.


(voice-over): It`s the announcement that`s blown the Michael Jackson case wide open.

DAVID CAPLAN, "PEOPLE": This is a huge announcement because it really paints the scene before his death.

HAMMER: The words practically jump out of these new court documents, the coroner`s preliminary conclusions that Jackson died of an overdose of the sedative Propofol. Plus, the confirmation the King of Pop was taking a shocking amount of other drug, all in a desperate bid to sleep. Even seen- it-all-before experts are in a state of shock.

DR. DREW PINSKY, ADDICTION SPECIALIST: They tolerate doses that literally will take down an elephant. These are truly massive doses of medication.

HAMMER: But SHOWBIZ TONIGHT can tell you, the bombshell announcement raises even more questions about Jackson`s death. Exactly how many doctors were giving him drugs? What`s with that delay in calling 911? And the big question, is Dr. Conrad Murray, Jackson`s personal doctor, going to jail?

CAPLAN: Dr. Murray is in an awful place right now because it looks pretty bad for him.

HAMMER: The bombshell came in this affidavit for a warrant to search Dr. Murray`s storage space in Houston as part of the manslaughter investigation into Jackson`s death.

CAPLAN: This document is an affidavit the police are saying came from interviews with Dr. Murray.

HAMMER: According to the document, Dr. Murray told police he had been treating Jackson for insomnia for about six weeks.

CAPLAN: According to his affidavit, Dr. Murray began to be concerned and realized that Michael Jackson was addicted to Propofol. And because of that, he actually tried to wean him off of it.

HAMMER: That brings us to June 25th, the day Michael Jackson died. Police say that in those early morning hours, Murray told them he gave Michael Jackson a variety of drugs. It started at 1:30 a.m. with a tablet of Valium. At 2:00 a.m., there was an injection of the sedative Ativan.

At 3:00 a.m., an injection of another sedative, Versed. Those drugs were administered again at 5:00 a.m. and 7:30 a.m. respectively. Still, according to the affidavit, Jackson was unable to sleep.

CAPLAN: According to the affidavit, at 10:40 a.m., the morning Michael died, after Michael was demanding Propofol, Dr. Murray finally gave it to him.

HAMMER: And it was an overdose of that final drug, Propofol, that the L.A. coroner says killed Jackson.

PINSKY: There is simply no rational basis for this combination for the treatment of insomnia.

HAMMER: On "AC 360" Dr. Drew Pinsky told Anderson Cooper he is shocked at the combination of powerful drugs Michael Jackson was getting in his home.

PINSKY: To give two milligrams of Ativan to a man that weighs under 150 pounds on two separate occasions, to add Versed, add Propofol - now, you`ve got dangerous and incredible concentrations of medications.

HAMMER: Even more dramatic is what police say happened after Jackson finally fell asleep at 10:40 a.m.

CAPLAN: After Dr. Murray gave Michael the Propofol, Dr. Murray went to the restroom, he says, for no more than two minutes. And when he comes back, Michael wasn`t breathing.

HAMMER: The affidavit says that was at 11:00 a.m. Dr. Murray started giving Jackson CPR.

UNIDENTIFIED MALE: We have a gentleman here that needs help.

HAMMER: But the 911 call that one of Jackson`s staffers placed from the home wasn`t made until 12:22 p.m., 82 minutes after Jackson reportedly stopped breathing.

CAPLAN: A lot of people are asking, what was going on within those 82 minutes?

HAMMER: Murray`s attorney is now firing back saying that while many of the things in the search warrant are accurate, other parts are, quote, "police theory." In a recent message to supporters, Dr. Murray has said he did nothing wrong.

DR. CONRAD MURRAY, MICHAEL JACKSON`S FORMER PERSONAL PHYSICIAN: I have done all I could do. I told the truth, and I have faith the truth will prevail.

HAMMER: Plus, according to the affidavit, Dr. Murray says he wasn`t the only doctor who gave Jackson Propofol. In fact, the document mentions several other doctors who may have treated Jackson.

CAPLAN: The affidavit states that they`re still looking into what Michael Jackson died because of one single doctor or whether there was really a web of doctors who were providing him with this medication.

HAMMER: And that`s a very tangled web that authorities in the Michael Jackson case have only begun to unravel.


Well, Murray certainly may be in the hot seat. But is he really to blame for Michael`s death? Coming up on SHOWBIZ TONIGHT, defending Michael`s doctor. It`s a controversial debate you won`t want to miss.

Now, let me turn things over to you. Here`s our SHOWBIZ TONIGHT question of the day. "Defending Michael Jackson`s Doctor: Is Dr. Murray a scapegoat for Michael`s death?" Go to to cast you vote. If you`ve got more to say, e-mail us,

Tonight, casting a killer. The inside story on how the man suspected of brutally killing his model wife was cast on reality TV. Ryan Jenkins allegedly strangled and mutilated Jasmine Fiore, his wife of just five months. Days after the disturbing discovery of her body, cops say Jenkins took his own life in a Canadian motel.

And now, brand new tonight, startling revelations about who Ryan Jenkins really was, a guy so charming he was cast on not one, but two VH1 reality shows. Plus, for the very first time, the mother of the accused killer speaks out.

Joining me tonight from Hollywood, Carlos Diaz. He`s a correspondent for "Extra." Here in New York is Ashleigh Banfield. She`s an anchor for In Session`s "Open Court."

And this story is really just so unbelievable and shocking. But the question everybody`s still asking is how could a guy like Ryan Jenkins get cast on a VH1 reality show called "Megan Wants a Millionaire?" Well, that is exactly what CNN`s Larry King asked the show`s casting director. Take a look.


STUART BRAZELL, CASTING DIRECTOR: Ryan was your ideal contestant for these shows. You want a big personality. You want loud. You want someone that`s entertaining, and that`s going to cause conflict in the house. And that`s exactly what I looked for and that`s what he was.

LARRY KING, HOST, "LARRY KING LIVE": Did he go right away for being on the show?

BRAZELL: Right away. He talked to me - it took a couple of sentences and he was down for it immediately and then started talking about how he`d always wanted to be a movie star and an actor. He was the perfect candidate for the show.


HAMMER: Look at that. Got it instantly. Carlos, let me start with you. Knowing what we know about what makes for great reality TV, can you really blame them for casting him?

CARLOS DIAZ, CORRESPONDENT, "EXTRA": No, you can`t. We need to get off the backs of this reality show "Megan Wants a Millionaire" because, you know what? They did their job. They cast a guy who was volatile and dramatic and that`s what everybody wants to see.

And while he was on the show, he didn`t do anything crazy. Everything that he did was after the show. There`s no direct correlation between the two. And by the way, I lived in Vegas for two years, OK? Guys like this grow on trees there as far as being wild and nutty and crazy and this and that. I`m not saying they do what he did afterwards. But they`re a dime a dozen in Vegas.

HAMMER: Well, you`ve got to hear what this casting director says about how Ryan landed his reality show gig because he actually found her in a Las Vegas hotel. Take a look.


BRAZELL: The way this works is, a lot of times, you travel from city to city. My first city was Las Vegas, literally had landed in Vegas two hours earlier, was at the Venetian, took an escalator down, first person comes over, "Baby, baby, baby." He hit on me. I met him because he approached me. And I said, "Well, I`m going to use this."

HAMMER: Well, she also describes him as obnoxious and as a ladies` man. Once again, this is an explosive but a really attractive mix for any reality TV show. So Ashleigh, to Carlos` point, if a guy like Ryan is what they`re looking for and they do the background checks and their due diligence, have they not done their part?

ASHLEIGH BANFIELD, ANCHOR, "OPEN COURT": They have. And blaming the show like Carlos says is a little like blaming Ted Bundy`s employer or Neil Entwistle`s employer. He`s a charismatic man who don`t seem on the outside to have any issues.

The background checks, apparently, according to that company, had checked out. But sadly, Ryan did have some domestic abuse in his background and he was under court-ordered counseling.

How that slipped through the cracks is probably something that, I think, someone will probably look into. Although it`s a bit of a fool`s errand at this point considering that both players in this tragedy are dead.

HAMMER: Yes. Well, the casting director also reveals that Ryan made it to the finals on "Megan Wants a Millionaire." And he was also set to star in another reality show called "I Love Money III" for VH1. They pulled both shows off the air.

And to be clear, I don`t think anybody is blaming the reality show here. But Carlos, what I think we`re talking about - I mean, can you imagine being Megan right now or really any contestant that Ryan starred with? Would you not be freaking out?

DIAZ: Yes, I`ve talked to some of Ryan`s best friends from his high school in Calgary. And they told me that they`re going back - you know, these guys that hung out with Ryan his entire life. And they`re going back and thinking, was there a time when he was that creepy? Was there an indication he could accomplish or pull off something so dastardly, so monstrous?


DIAZ: And that`s the thing. It`s like if you`re in such a confined space with him on a reality show, especially one where you`re being courted by this future alleged killer, you have to wonder, was there an indication there? It is very creepy.

HAMMER: Ryan`s parents also speaking out for the first time. His father reportedly telling NBC News if Ryan was guilty, he was corrupted by the whole Hollywood lifestyle. His mother even more emotional, giving a brand- new interview this morning on the "Today" show by phone. Listen to this.


RYAN JENKINS` MOTHER: Panicked my little boy. And we have to protect him even now that he`s dead.


HAMMER: Well, as tragic as this alleged murder-suicide is, Ryan obviously possessed, if you ask me, this level of narcissism very typical of people who are looking for fame through reality TV.

But Ashleigh, and very quickly, isn`t it sadly ironic now Ryan has really achieved this fame that he was after so desperately?

BANFIELD: I think both of them - I think those two might have been passing in the primetime were it not for the coverage now. But I do feel for those parents. They`ve lost twice as well.

HAMMER: So tragic. Carlos Diaz, Ashleigh Banfield, thanks, guys.

Well, I have to tell you, there`s this brand-new graphic video that`s floating around the Internet. It stopped me in my tracks. Tonight, the disturbing - and I mean disturbing - new video that is hoping to scare your teen straight from texting and driving.


UNIDENTIFIED FEMALE: Let me just get his number.


HAMMER: Does this PSA cross the line or does it really send home a powerful message? We`ll get into that debate.

And the plus-size photo controversy. Brand-new outrage over the photo everybody`s talking about. Is this plus-size model really a plus size? SHOWBIZ TONIGHT viewers are speaking out.

And the man who made Simon Cowell smile.


SIMON COWELL, JUDGE, "THE X FACTOR": Danyl, that was single-handedly the best first audition I have ever heard.


HAMMER: Tonight, the fascinating story behind the singing teacher whose voice blew Simon Cowell away. This is SHOWBIZ TONIGHT on HLN.

Now, the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Church of Bulgaria blasts Madonna concert because she is "intolerant" of Christianity. La Toya Jackson, Posh Spice to guest host "The View" in place of Elisabeth Hasselbeck.


HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York.

Tonight, did you see this? How you can dress like a TV anchor. Did you ever sit around at home watching TV, thinking, "I like Katie Couric`s outfit?" Or even my shirt.

Well, now, you can take the clothes off the backs of your favorite TV anchor. It is no gimmick. This, my friend, an offer you can`t refuse. Here`s CNN`s Jeanne Moos for SHOWBIZ TONIGHT.


JEANNE MOOS, CNN CORRESPONDENT (voice-over): Want to wear what they`re wearing?


UNIDENTIFIED FEMALE TV ANCHOR: Good morning, Darlene (ph).



UNIDENTIFIED FEMALE TV ANCHOR: Felicia Gorordo (ph) joins us live from Miami.

MOOS: You can dress like a TV anchor for peanuts at

UNIDENTIFIED FEMALE: Send to us your gently worn TV clothes and accessories.

MOOS: Most TV anchors like CNN`s Kiran Chetry have them, castaways in the closet.

KIRAN CHETRY, CNN ANCHOR: Let me show you what`s been rejected.

MOOS (on camera): Someone told you not to wear this?

CHETRY: Yes, so that`s why it`s up here.

MOOS: Your boss?

CHETRY: Yes. But I shall not reveal names.

MOOS (voice-over): A perfect candidate for TV News Closet.

UNIDENTIFIED FEMALE: Maybe you`re out of the business now like me. Maybe it doesn`t fit. You don`t like it.

MOOS: TV people send in, say, this turquoise jacket and dress. The Web site sells it for $30 and splits the proceeds with the owner. The names of the owners aren`t specified, though a certain morning anchor in the southwest seems to be cleaning out her closet selling several items. Anchors come in all sizes, right?

JOLENE DEVITO, TALENT DYNAMICS (through telephone): Anchors do come in all sizes. We.

MOOS (on camera): But do they come in mainly small?

DEVITO: We have an abundance of small sizes right now.

MOOS (voice-over): Jolene DeVito was on air for 15 years. Now, she`s running a Web site through a talent recruiting and coaching outfit called Talent Dynamics.

CHETRY: Definitely give this away. I can`t wear shiny.

MOOS: The site also sells items for men and not Ron Burgundy stuff. This custom-made suit from a primary anchor in a top five market. Most of the clothing isn`t designer. Though Kiran hasn`t yet said anything, we saw plenty of rejects.

CHETRY: Here we go - the piece de resistance.

MOOS (on camera): This is maternity?

CHETRY: Elastic equals maternity.

MOOS: You do need maternity stuff?

DEVITO: Absolutely.

MOOS (voice-over): The idea is to sell the hand-me-downs to local TV people who can`t afford expensive clothing.

(voice-over): Of course, maybe you wouldn`t want some of the TV clothing once you found out where it`s been.


MOOS (voice-over): Take the orange top CNN`s Deb Feyerick wore to help deliver a calf.

FEYERICK: Oh my gosh! It gave birth to a calf.

I wasted no time getting it dry cleaned.

DEVITO: Send it away.

MOOS: It`s the first of a Web site.

(on camera): Never in an anchor`s closet.


HAMMER: That was CNN`s Jeanne Moos for SHOWBIZ TONIGHT. But wait, there`s more. If you call into "Showbiz on Call" right now, I`ll throw in this free shirt along with your purchase of a SHOWBIZ TONIGHT mug. And even if you return the mug, keep the shirt as our gift.

And look, the phones already ringing off the hook. But it looks like you`re calling into "Showbiz on Call" about Billy Ray Cyrus speaking out about Miley`s pole dance. In fact, the "Showbiz on Call" operators are blasting Miley`s "Party in the USA" while they answer your call. No dancing poles here.

We`ve got a call into "Showbiz on Call" from Adrian who says Miley can do whatever she wants.


ADRIAN, CALLER: She is a 16-year-old. She can do whatever she wants to do. And I think that she is a good role model, so people just need to buzz off.


HAMMER: Thanks a lot, Adrian. We also heard from Dee in Florida who says money rules the Cyrus` roost.


CALLER: Why would Billy Ray say anything to her anyway? Because I feel like she`s pretty the whole family`s meal ticket. He`s not going to tell her anything. But it`s a shame because she`s way too young.


HAMMER: Thanks, Dee. Let us know what you think about this or anything else. "Showbiz on Call" phone lines open all the time 1-888-SBT-BUZZ; 1- 888-728-2899.

Tonight, Chris Brown has been sentenced for beating Rihanna. Late today, a judge sentenced Brown to five years` probation and more than 1,400 hours of physical labor for beating Rihanna.

Brown will also have to do domestic violence counseling. Rihanna not in court today. Brown was told he cannot have any contact with Rihanna until his probation is complete.

I really cannot believe how many drugs Michael Jackson allegedly had in his system when he died. I`m talking hour after hour after drugs dripped into his system, including lethal doses of that deadly drug Propofol. Tonight, SHOWBIZ TONIGHT has the controversial question - was Jackson`s personal doctor to blame? Or could Michael himself be blamed for his own death?

Also, the absolutely stunning and graphic new video that hopes to scare teens straight from texting and driving. You have got to see this.


UNIDENTIFIED FEMALE: Let me just get his number.


HAMMER: Tonight, has this dramatic new PSA gone too far, or is it sending a powerful message that will save lives?

And the plus-size photo controversy. Is this so-called plus-size model really a plus size? SHOWBIZ TONIGHT viewers are speaking out. This is SHOWBIZ TONIGHT on HLN.

Now, the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Ashton Kutcher and Demi Moore voted most sexual couple. Klum and Seal, Pitt and Jolie, The Obamas and the Afflecks round out top five.


HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer with some more stories making news right now.

Tonight, the other woman in the McSteamy nude video romp speaks out. Just a week ago, a video of "Grey`s Anatomy" star Eric Dane, his wife, Rebecca Gayheart, and a mysterious woman romping around in the nude hit the Internet.

Well, now the other woman, dethroned beauty queen, Kari Ann Peniche, is telling all. Did the threesome have a threesome? She also tells "E! News" that former roommate, country music star Mindy McCready is to blame for the leak.


KARI ANN PENICHE, MISS UNITED STATES TEEN: I did not have sex with them. No. I`m not into having sex with women.


PENICHE: No, not at all. No. I know Mindy McCready took my hard drive. She told me in text messages that she wanted a certain amount of money back for them.

BAKER: So you did not leak this tape?

PENICHE: No. I would never leak this tape.


HAMMER: McCready and Peniche roomed together during a taping of VH1`s "Celebrity Rehab." McCready denies Peniche`s claims.

Well, Melanie Griffith has checked into rehab again. The 52-year-old "Working Girl" star reportedly checked into a rehab clinic in Utah. Her publicist telling SHOWBIZ TONIGHT, "Melanie is there to reinforce her commitment to stay healthy. This is part of a routine plan that was designed between her and her doctors years ago."

Back in 2000, Griffith told the world that she was addicted to prescription medication after suffering a neck injury. This trip would be Griffith`s third stay in rehab. Griffith has been married to Antonio Banderas for 13 years.

Well, SHOWBIZ TONIGHT Facebook pages just on fire after we told you that Brad Pitt seemed to be taking shots at Tom Cruise`s Nazi movie just as "Inglourious Basterds," the Brad Pitt movie, topped the box office. Well, people have been weighing in on who they think is the bigger movie star, Brad Pitt or Tom Cruise.

Barb R. says that Brad needs to keep his thoughts to himself. She writes, "Brad, worry about your own movie reviews and leave fellow stars alone. What next? Is Brad going to bash George Clooney?"

And Caren T. thinks it`s all just one big publicity stunt, writing, "I`m thinking it is just an advertising gimmick. Pitt is too big to really care."

Keep in mind, I would love to hear from you on Facebook. Also follow us on Twitter for breaking entertainment news alerts. Sign up for our Facebook and Twitter pages at

Now, the SHOWBIZ lineup. Here`s what we have coming up at the bottom of the hour on SHOWBIZ TONIGHT.

Defending Michael Jackson`s doctor. Now that Michael Jackson`s death is being investigated as a homicide, should Jackson`s personal doctor be blamed? Or is Jackson himself to blame for his own death?

And the dramatic and graphic new video. This is hoping to scare teens straight from the dangers of texting and driving. But does it go too far?

And a plus-size photo controversy. Is the woman in this photo really a plus size? The SHOWBIZ TONIGHT viewers speak out. This is SHOWBIZ TONIGHT on HLN.

Time now for the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Tori Spelling`s mom, Candy, to develop her own TV show. Oprah Winfrey`s first book club pick in a year will be announced Sept. 18th.


HAMMER: Now, on SHOWBIZ TONIGHT, Michael Jackson`s doctor under fire.


PAUL CALLAN, FORMER NEW YORK HOMICIDE PROSECUTOR: Michael Jackson was saying, "Hey, I can`t get to sleep." So he brings in a bazooka in the form of the drug regimen given by this doctor.


HAMMER: Tonight, is Dr. Conrad Murray really the one to blame for Michael`s death?

A shocking new public service announcement has people horrified. I have the graphic, disturbing video and the debate.

Plus-size controversy, a naked model who isn`t stick thin getting raves. But why are so many of you also really angry about this issue?

Plus, more stories breaking from the "SHOWBIZ News Ticker."

TV`s most provocative entertainment news show continues right now.


HAMMER: Welcome back to SHOWBIZ TONIGHT. It is 30 minutes past the hour. I`m A.J. Hammer, broadcasting tonight and every night from New York City.

Tonight, defending Michael`s doctor. It is looking grim for Dr. Conrad Murray as investigators get closer to officially ruling Michael Jackson`s death a homicide. But is Murray really the guy to blame?

Tonight, a source close to the investigation says Michael`s death will be ruled a homicide, although the Los Angeles coroner`s office will not confirm that. But we can tell you that the powerful sedative Propofol was the final drug in a dangerous cocktail that ultimately killed the King of Pop.

And now, Dr. Murray could be facing criminal charges, manslaughter, for administering that final lethal dose that killed Jackson. But Murray says, we don`t have the full story.


MURRAY: I have done all I could do. I told the truth, and I have faith the truth will prevail.


HAMMER: Tonight, SHOWBIZ TONIGHT wants to know, is Murray really to blame for Michael`s death?

Joining me tonight from Miami, Gerald Posner who is chief investigative reporter for "The Daily Beast." Tonight in New York is Ashleigh Banfield, who is an anchor for In Session`s "Open Court."

So from all we know, Dr. Conrad Murray is prime suspect number one here. He may be facing some big-time criminal charges, as I mentioned, like manslaughter.

But does Dr. Murray have a defense? Is he really to blame for Jackson`s death? Gerald, let me start with you. You spoke with Dr. Murray directly. What is Murray`s defense?

GERALD POSNER, CHIEF INVESTIGATIVE REPORTER, "THE DAILY BEAST": Well, you know what? It what it comes down to, really, A.J., on this is a couple of things. First of all, even his lawyers were telling me yesterday that the affidavit that was released - the time line is wrong in it, that the story about him leaving the room is just made up by the police.

But more than that, there`s something else. He says he came in, Jackson was essentially already an addict, that he was at 50 milligrams of Propofol, this dangerous anesthetic, every night to go to sleep and had been doing it for years.

He traveled with an anesthesiologist in the 1990s when he went on tour. And what Murray was told by AEG, the big multimillion dollar concert promoter is, "You`ve got to get Jackson ready for his London performances." And that means weaning him off the addiction.

So he starts to cut down on the amount of Propofol which means Michael Jackson is not sleeping until 10:00 or 11:00 or 12:00 when he wants to be woken up. He`s waking up earlier.

Two days before he died, they used no Propofol at all. But on the night that he died, he uses 18 milligrams of different anxiety and sleep pills that would have knocked the three of us, you, A.J., Ashleigh and me, all out.


POSNER: But Michael`s addiction was so heavy that it didn`t even knock him out. And finally, he gets 25 milligrams, half the dosage of Propofol - that`s what proves to be deadly.

What we don`t know is we know what Dr. Murray gave him from the affidavit. We don`t know what Michael Jackson himself may have taken when he woke up at different times, mad at the doctor and decided to take from his own stash some of the prescriptions given to him that were found at his bedside by robbery and homicide detectives and on top of what Dr. Murray gave him.

HAMMER: Well, this has been the subject of a lot of discussion, the fact that he had this addiction, according to Dr. Murray, and that he was treating him for insomnia for six weeks.

Former New York homicide prosecutor Paul Callan tells CNN`s "AMERICAN MORNING" Murray does not have a case. Take a look at this.


CALLAN: That is not a defense at all. I mean, when you think about this case, Michael Jackson is saying, "Hey, I can`t get to sleep." So he brings in a bazooka in the form of the drug regimen given by this doctor to treat a condition that, you know, grandma used to give you warm milk for.

I thought it was kind of interesting Michael Jackson referred to the Propofol as his milk. People are saying it has to do with the milky color of Propofol. I`ll bet he`s referring to the fact that grandmothers used to give warm milk to their kids to go to sleep.


HAMMER: Whatever the case, Callan says that`s not a defense at all. Ashleigh, what do you think?

BANFIELD: Well, it is a very weak defense. There is always a defense, A.J. We can just look to the O.J. case. But there is an additional aspect to the defense and that is this - if the doctor thought that Michael Jackson would have done this to himself, whether the doctor were there or not, perhaps he was trying to make sure that at least he was doing it in the most controlled setting possible.

The problem is you can get every expert out there to get up on the stand and say, Propofol, no matter what, should never be done anywhere where there isn`t a trained anesthesiologist and life-saving equipment. I can`t say that was the situation in Michael Jackson`s bedroom.

HAMMER: No. No question about that.

POSNER: And you know, I think Ashleigh is absolutely right. I mean, one of the key things is, it`s clearly not a drug that you`re supposed to give outside of a medical clinic or hospital.

But the thing that`s key about Jackson is he was getting Propofol and other anesthetics over the years given in his hotel rooms and in his own house. So what the interesting question here is, you have a doctor following footsteps with a lot of other prescribing doctors who have followed before him who enabled Jackson`s addiction.

The question is, does his actions the night of Jackson`s death amount to medical malpractice, which is a civil action? Or do they cross the line into manslaughter or second-degree murder? That`s a big difference between the civil and criminal part. That`s the real issue.

BANFIELD: I`ll add to the civil one, wrongful death.

HAMMER: Yes. As this is all going on, there`s a lot of finger-pointing going on. And we`re hearing from a lot of people on this. Our SHOWBIZ TONIGHT Facebook page flooded with a lot of comments, specifically about Dr. Murray.

Now, I have to point out, a lot of people from their perception of what`s going on think that Murray should be held accountable.

But we heard from one of our viewers, Deann M. who writes on our wall, quote, "M.J. was an addict. If it wasn`t Dr. Murray, it would have been someone else. Both to blame plus a host of others."

Ashleigh, does Deann have a point here? If Jackson was on a dangerous path with drugs for years, really, what could Dr. Murray have done to change that?

BANFIELD: Well, certainly, we shouldn`t enable addicts, for starters. And then here`s something else, A.J., and I think this is going to be very telling if this ever ends up in a courtroom. And that is this, Dr. Murray never said to any of the treating physicians at the emergency what he had given to Michael Jackson. He only told about this drug later in police interviews. And that is bad.

HAMMER: Well, Gerald, as you mentioned earlier with all this said, the police affidavit revealed this disturbing sequence of events hours before Michael Jackson died, including a point when Murray is said to have stepped out of the room after administering Propofol to Michael. If that is true, is that really any defense, Gerald, for Dr. Murray?

POSNER: Well, you know, I mean, the only defense, it seems to me here - and this is what has to come out - is the question of, did the Propofol come at the end of the long night? Or did it come a little bit earlier?

The question is whether Michael Jackson woke up earlier than what we`re told in the affidavit and then try to get to sleep with a whole host of other drugs. It may look like to the same side of the dime that people still say, "Well, Dr. Murray is, you know, responsible.

But I don`t think it`s - you know, for legal purposes and for his own guilt in a homicide investigation or manslaughter, it`s going to be key.

I think, A.J. and I don`t know if Ashleigh would agree with this, that if we were the victims, if we had died at the hands of somebody administering Propofol to us, that we had requested in our own home, I don`t think this would be a criminal investigation. It is a criminal investigation because it`s Michael Jackson. Otherwise, it would just be a matter of wrongful death and negligence.

HAMMER: Well, to that point, in terms of the heightened level of this particular case, you know, there were multiple prescriptions by dozens of doctors. Dr. Murray is the guy that all the focus is on. He is the guy who is really in the hot seat. Ashleigh is it possible that Murray is becoming somewhat of a public scapegoat because this is such a high-profile case and someone needs to be accountable?

BANFIELD: Well, it`s a very good question, A.J., because there is a huge problem with this kind of drug abuse in the United States. In fact, most of the deaths amount to, you know, abuse of this kind of drug rather than street drugs.

And the police are trying everything they can to try to get the message out that these things are lethal. So when you have a high-profile case like this, it does provide an enormous opportunity to try to get the word out there, like Anna Nicole Smith and now, Michael Jackson, that this is dangerous, this is deadly and it`s not to be taken lightly.

HAMMER: But it will certainly continue in one form or another, unfortunately. Ashleigh Banfield, Gerald Posner, I thank you both.

Well, there is a disturbing new video that is just horrifying to people who watch it.


UNIDENTIFIED FEMALE: Let me just get his number.


HAMMER: That is just some of this new PSA which warns about the dangers of texting and driving. I`ve got to tell you, it gets really gruesome beyond what you`re seeing. An important message to be sure, but does it go too far? Well, I have got this disturbing video you`ve got to see and the heated debate.

Also a plus-size controversy. The picture of a naked model who isn`t rail thin. But can she even be called plus size? You`re fired-up calls to "Showbiz on Call."

And Simon says it`s the best audition he`s ever heard. I`ve got the brand-new revelations that we just learned today about Britain`s newest singing sensation. This is SHOWBIZ TONIGHT on HLN.

Now, the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Michael Jackson`s mother approves of tribute concert in Vienna. Paula Abdul to host "VH1 Divas Live," airing live on September 17.


HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York.

Tonight, too graphic for TV? There is a brand-new graphic and disturbing video that`s making the rounds on the Internet. And its shocking content is really catching a lot of people off guard. It shows blood, screaming and death. So I`m going to caution you, some people may find this hard to watch.


UNIDENTIFIED FEMALE: Hi, Babe. We`ll meet Jules (ph).


UNIDENTIFIED FEMALE: It`s not even funny now.

UNIDENTIFIED FEMALE: Let me just get his number.





UNIDENTIFIED MALE: Ring an ambulance! Ring an ambulance! Stay still. I can`t open the door. I`ve rang an ambulance.

UNIDENTIFIED MALE: There are people are on the way to help, OK?

UNIDENTIFIED FEMALE CHILD: Mommy, Daddy, wake up. Mommy, Daddy, wake up.

UNIDENTIFIED FEMALE: I just can`t get any response.

UNIDENTIFIED FEMALE CHILD: Why won`t Mommy and Daddy wake up?

UNIDENTIFIED MALE: Any pain in your neck at all?


HAMMER: Wow, so disturbing, so hard to turn away from. But will this brand-new anti-texting-while-driving message actually get the job done? Or is this just way to over the top?

Well, joining me from tonight from Hollywood is Jess Weiner, a self- esteem expert who is also launching a new self-esteem advice Web site on Thursday. You`ll find it at "" And joining me tonight in New York, Cooper Lawrence, a psychologist and author of this fine book, "The Cult of Celebrity."

And I`ve got to tell you, I`m just catching my breath after watching that. Obviously, it is shocking. That PSA is graphic. It is horrific, heartbreaking - all of those words.

And it obviously sends an incredibly powerful message about the dangers of texting while driving. But Jess, let me start with you. Is it also too over the top?

JESS WEINER, SELF-ESTEEM EXPERT: You know, A.J., I don`t think it`s over the top. I think this is the reality we oftentimes don`t get to see in Hollywood. This is what happens when people are distracted while driving. And I am certainly one who has done that before.

And I know that it scared me straight in driving to the studio here - I made sure my hands were on the wheel. I was present. I was focused. And I think anybody of driving age that`s going to be watching this, anybody out there, whether they`re a teenager or not, it`s an important wake-up call that there are consequences to our actions.

And we`ve become such a fast-paced world and we`re always on the go. This is a very good wake-up call for us to slow down.

HAMMER: Yes, really showing how people are affected beyond yourself. It impacts lives in so many ways when something like this happens. But Cooper Lawrence, you know, we see violence all the time on television. This is a video that is aimed at teens who see a lot of violence on television. Mission accomplished here? Is it way too much? Will it get the job done?

COOPER LAWRENCE, AUTHOR AND PSYCHOLOGIST: A.J., that`s the problem. We have about 20 years of research that show us that these scare tactics with this particular population don`t work, because they grow up watching a lot of violence even in their cartoons. They play violent video games.

I mean, they know this is produced. You know, unfortunately, this isn`t as effective because it`s not really a teaching tool. There`s no education here. There`s no knowledge being given.

We`re not explaining to them exactly why texting while driving is bad, what driving while distracted means. And years of research tell us that this is not really the most effective.


HAMMER: Go ahead.

WEINER: Sorry, A.J. I actually think, Cooper - I mean, I hear what you`re saying. But I think that anybody watching understands what the impact of texting while driving does because we just saw that.


WEINER: I think what`s so powerful for me as somebody who has to go in and work with students during the day, you have to do a lot to kind of get their attention and to get them based in their own life, and this tells them.

I definitely think it should be couched with an educational conversation and there should be materials. But it`s pretty self-evident, the harm that can be caused just by watching that ad.

HAMMER: Yes. And the real emotional.

LAWRENCE: But it looks very produced and these kids know when they see something that`s produced. I think it`s a good way to start the conversation. But then, you`ve got to help them with the conversation. You`ve got to tell them ...

WEINER: Absolutely.

LAWRENCE: ... how to manage the situation when they`re in the car with their friends, how to manage that (INAUDIBLE) being around friends, "I should text. My friend is giving me pressure."

WEINER: Absolutely.

LAWRENCE: There`s no educational value to it.

WEINER: Right, then.

HAMMER: All very important points. I do want to move on right now because we have more to talk about tonight. This photo of a semi-nude plus-size model is causing quite a response from women everywhere.

The model`s name is Lizzi (ph) Miller. She`s 5`11". She weighs 180, wears a size 12 to 14. Lizzi (ph) appears in September`s issue of "Glamour" magazine alongside an article on being comfortable in your own skin.

Well, when SHOWBIZ TONIGHT viewers saw this picture, the "Showbiz on Call" phone lines would not stop ringing. I want to play a call from Tanya in Kentucky who called in to say she wishes she could look this good. Roll that one.


CALLER: The plus-size model who wears a size 12 looks way better than I do and I wear a size 8. I wish I looked like her. She`s beautiful. She`s just absolutely gorgeous and there`s no reason why real women in the real world can`t be displayed. We don`t have to all be anorexic or bulimic.


HAMMER: Thanks, Tanya. Annette also called in from Texas saying she doesn`t think a size 12 is a true representation of a plus-size woman. Let`s roll that.


CALLER: Give credit where credit is due. She is not plus-size. Size 12 is not a plus size. I`m size 24/26. Now, that`s a plus size. Twelve - I`d love to be a 12. That`s not a plus size. So, that`s false advertisement.


HAMMER: All right. Obviously, this picture struck a chord with women everywhere. But Jess, do you think that Annette has a point? Maybe this isn`t a true representation of plus-size women, maybe only a small step in the right direction?

WEINER: Well, I think it was a bold step for "Glamour," but I think, A.J., we have to remember in the modeling world, this is considered a plus size woman. But if this beautiful young woman was walking down the street, I don`t think we would think twice about her size.

So to that, I can see the point of the caller who is saying it is not fully representative of plus size. She`s also young. She`s 20 years old. And that`s not representative of all women out there.

But I think as we saw with, like, the Dove Real Beauty Campaign leading the way, that when see more real women in the media, women begin to feel more confident about themselves. So I think this is a positive step in the right direction.

HAMMER: Yes. Got to end it there. Jess Weiner, Cooper Lawrence, thanks, guys.

Moving on now, we learn some brand-new info about Britain`s new overnight singing sensation.


COWELL: That was single-handedly the best first audition I have ever heard.


HAMMER: Simon says he`s the one to watch. But tonight, I have got a brand new revelation about the 27-year-old teacher who knocked Simon`s socks off. This is SHOWBIZ TONIGHT on HLN.

Time now for the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Jay Z to play benefit concert on September 11 in New York City. R & B group TLC to play first U.S. concert in seven years at benefit in Las Vegas.


HAMMER: Welcome back to SHOWBIZ TONIGHT. Tonight, brand-new information about the 27-year-old teacher who knocked Simon Cowell`s socks off during his audition for Britain`s singing competition, "The X Factor."

Danyl Johnson is Britain`s new overnight sensation. When he sang for Simon and the other judges, Simon said in the eight or nine years that he has been judging, Danyl`s was the best first audition he had ever heard.

Well, today we learned that it wasn`t exactly his first audition. It turned out Danyl auditioned for the "X Factor" three years ago and didn`t make the cut back then so he must have really practiced over the past couple of years because check out his audition this time.


So Danyl, not only an overnight sensation, but he`s also a comeback kid. The show has just started but he is the favorite to win. No pressure there.

Well, on Monday, we asked to you vote on our SHOWBIZ TONIGHT question of the day. It was this - "Brad Pitt Versus Tom Cruise: Who is the bigger movie star?" As you see, 78 percent of you said Brad Pitt; 22 percent Cruise.

Among the E-mails, we heard from Amy in Florida who writes, "Brad is the bigger movie star. Even his wife Angelina is bigger than Tom Cruise."

We heard from Lana from Florida who writes, "Tom Cruise is Hollywood royalty and Brad Pitt is tabloid royalty."

Well, that is it for SHOWBIZ TONIGHT. Thanks a lot for watching. I`m A.J. Hammer in New York. And please keep in mind, you can always catch SHOWBIZ TONIGHT on the 11:00s - 11:00 p.m. Eastern and Pacific. We`re on in the morning at 11:00 a.m. Eastern right here on HLN.