breaking news tonight. a yoing ohio mom makes a desperate 911 call when her 5-week-old baby boy goes missing. the baby later found dead. plastic bagged and thrown away like trash. tonight, in a bizarre twist, we uncover motive for murder. to conceal the crime of underage sex. who is the alleged perp? mommy. that's right, mommy accused of killing her 5-week-old baby to hide the fact the biological father is a little 14-year-old boy himself. p.s., mommy's pushing 30. and in the last hours, mommy in court. refusing to talk to social workers about the welfare of her other children, ages 1 and 3. why? because it might -- might -- compromise her defense. she chooses her own defense case over the welfare of her other children. she's also claiming, surprise, surprise, mental illness defense. crazy? crazy like a fox. >> as a young mom accused of murdering her child to cover up the identity of the age of the child's father claiming insanity? >> yeah. he is my son. >> she was put in jail last week and charged with murder of use of a corpse and tampering with evidence. they've added the charge of unlawful sexual conduct with minor to that list. >> she was on public assistance. if she wanted to keep getting it, she had to help identify the father. robin piper won't say anything about who the alleged father is. he does say it was inevitable that someone would have eventually found it out. >> is he the father? >> yes, he is. >> accused of crushing her son's skull, says the young mom suffers from mental illness. police say she admitted to cops that she grabbed the baby by the face with both hands and shook him. the child was underweight, had a broken arm and suffered severe brain injuries. >> and tonight, live to north carolina, a 2-year-old baby wearing nothing but a diaper, no shirt, no pants, no shoes, wandering alone down the center lane of a busy, winding highway clutching a baby doll. mommy's at the local bar with a snoot full at just 4:30 in the afternoon. tonight the frantic 911 call of a driver who spots the baby. we have the 911. >> a motorist driving on a busy street couldn't believe what he was seeing. a 2-year-old toddler, wandering down the center of the road in only a diaper. her mother, nowhere to be found. squlirks. >> the speed limit is only 35 miles per hour here, but the road is narrow, with virtually no shoulder. and driver visibility is limited because of slight hills and curves. >> if this person hadn't been conscientious enough to stop and get the child out of the road in a matter of a few minutes, it could have been really bad. >> they canvas the area for the girl's mom. eventually the police find the girl's grandparents who say cops should check the local bar. police find mom, tammy, take her into custody. facing charges of child neglect, driving under the influence, and driving with a revoked license. the baby in custody of her father. >> and to florida, a 5-year-old little girl tucked into bed, five hours later she's gone. vanished. the back door propped wide open. daddy comes home from the night shift to find noth a trace of little haleigh. bombshell tonight, we confirm a major blowout between haleigh's dad and stepmom, just before haleigh disappears. the call, a part of phone records now in the hands of investigators revealing a crucial timeline. is it motive for murder? and tonight, we double confirm with polygraph experts new stepmom, misty croslin, failed her poly "miserably." we also hear while family and friends push croslin to undergo hypnosis about the night haleigh goes missing, she refuses. is there finally a break in the case? croslin still says she was trick sbood that poly, but says she passed. well, that's not what the polygrapher tells us. she said her phones are tapped. when a child is missing, who cares if the phones are tapped. we also learn croslin's bed made up, not slept in the night haleigh vanishes. was she ever even in the home? croslin changing her story saying up to four people in the home the night haleigh goes missing, but calling it all a dream-like memory. who were the people? croslin caught on tape trying to explain the failed poly. we have the video. and exclusive tonight, for the first time since croslin reportedly flunks the poly, haleigh cummings' grandmother with us live. where is 5-year-old haleigh. -- captions by vitac -- www.vitac.com they left me alone for six months. i've been the main focus. they just need to move on and look for the right person. >> crystal, what do you make of the recent developments, the developments especially about misty croslin flunking a polygraph? >> i thought all along that she had something to do with it. and this just proves it. she was the last one to see our daughter. and her stories just don't add up. >> misty had apparently been gone for several days before haleigh going missing. she had just come back into the house. they had arguments about possibly her entertaining other people outside of their relationship. >> now that you've been told, whether you accept it or not, that your wife has flunked a poly, have you asked her what happened? >> i asked her. but i don't get any answers. from her about, you know -- i don't see -- what she's tell me is not inconsistent. >> did you intentionally withhold any information regarding haleigh's disappearance? her answer was no. she failed it miserably with a 99% deception. >> if they would go out to look for the right person, they would have the answers. they're trying to get the answers from me which i don't have. >> i'm nancy grace. i want to thank you for being with us. a young ohio mom makes a desperate 911 call when her 5-week-old baby goes missing. the baby later found dead, plastic bagged and thrown away like trash. in a bizarre twist tonight, we uncover motive for murder, to conceal the crime of underage sex. the alleged perp? mommy. >> reported to police that her baby was missing, a 5-week-old son. she said an ex-boyfriend took him. >> i was calling because last night one of my ex-boyfriends came to pick up one of my sons. he said he was going to take him out. >> he has your son you're saying? >> yeah, he has my son and i haven't seen him since last night. >> police started searching for the 5-week-old. >> when police showed up, they got the feeling that something wasn't adding up. >> she had placed the child in a trash bag in a garbage can. the child is dead. >> so the mom tries to direct police to who she says is the baby's father. they find the baby dead. 5-week-old baby boy. and the motive behind the murder is what? >> put two plus two together, she's trying to get rid of the baby so no one will discover that the father was under the age of 16. >> motive for murder is to conceal the crime of underage sex. the bio dad is a child himself. to jack kromley, wlw, jack, thank you for being with us. she was in court, refusing to speak with social workers about the welfare of her other children. yet she's claiming insanity? is she came up with this big fabrication about who killed the baby, actually pointing to someone else. yet she's trying to say she's insane, or mentally ill? >> well, that was the argument that was made by her attorneys today in court. they're concerned she could say something to harm the case. and she does have some pending child custody hearings coming up. >> well, i think this may actually impinge on her child custody case. matt, i'm looking at her in court. she seems to have a very calm and composed demeanor. explain to me how she's deciding to claim mental defense. insanity. that she killed her 5-week-old baby because she was insane. >> well, at this point we don't know what the mental illness is that suzie has. but what i can tell you is that in court she showed no emotion. she didn't cry when the attorney mentioned she suffers mental illness. she didn't react at all. >> let's unleash the lawyers. susan moss, new york. john burra, san francisco. peggy in atlanta. susan moss, the other two children that she's got, two out of i believe four children, one is 1, one is 3 years old. she refuses to even speak to social services about their welfare because it might hurt her defense case? and what do you think about motive for murder? she's trying to cover up who the bio dad is. he's a 14-year-old little boy. >> absolutely. she doesn't have to worry about speaking to her children ever again, because not only is she going to lose custody, she's going to lose all parental rights. she may try in vain, but the sick psychopathic loser is certainly not goings to be legally insane. she had the intelligence enough to lie to the cops, also to try to hide the body. she doesn't have a prayer of proving insanity. >> john burris, is she within her rights to refuse to tack about the welfare of her other children? >> i think so. given where she is right now, she has a much more serious case involved. i don't think she should worry about the other two children. >> you don't care what's to become of the 1 and 3-year-old, burris? >> social services will take care of those. >> that's a fine attitude, social services will take care of the babies. >> they will find some place for the children to be. but i don't think you should talk anymore about it. sglinchts that baby boy had not been taken for a visit with a boyfriend. the child had been plastic bagged and thrown away like trash. now motive is uncovered. tonight, we can confirm the alleged motive for murder is that this woman, suzie avilla villa, wanted to conceal the underage sex of the bio dad of this child, just 14 years old. to matt zarrella, our producer on the story, had they been able to speak to the little boy, the biological father of the dead infant? >> they have spoken to him extensively. they learned he had two encounters with her between october '08 and november '08. both occurred at her home resulting in her pregnancy. >> now, they say two sex encounters? i mean, come on. to the union county medical examiner, what's the likelihood that a man gets pregnant after just two sex encounters? i've got a feeling there was a whole lot more going on. >> it's obvious. i mean, the answer is obvious. i mean, you can get pregnant after two times of sex, but it's unlikely. >> a comet could fall and hit me here in the studio. it's very apparent to me that this woman had an ongoing series of child molestations with the baby's biological father who is now 14 years old. matt zarrell, if this had been an ongoing situation, how long has the kid been 14? was he 13 when she started molesting him? >> that's a good question. we don't know what capacity this relationship was. maybe she was his superior and he felt the need. we do not know what capacity it was or how long it was going on, nancy. >> jack, what does that tattoo say on her neck? >> it's difficult to make out. there's also a tattoo that she has on her eye that appears to be a teardrop, which traditionally means either knowing someone in jail or someone passing away. >> good to know. jack crumley, i want to talk about how she appeared in court. was she questioned? did she ever speak out? did she show any emotion when the death of her baby boy was mentioned? >> no. according to all the reports that she has not shown any emotion in court. she's spoken through one of her two attorneys, at least as far as today's criminal case -- or today's court proceedings involving child custody. >> back to matt varrell, how did it become a crisis? was the paternity about to be ufr covered? why would she suddenly kill the baby? who was to ever find out? >> a paternity test was pending because the government wanted to find out who the father was, so they could seek child support potentially from them. the paternity test was pending in days, nancy. >> wait a minute. the government doesn't just swoop into your home and try to arrange child support. she must have filed for child support against someone. >> you're exactly right. she was getting financial assistance and to get continued assistance, she had to show who the father was. >> okay. to atlanta defense attorney penny douglas fir. penny, so the state is alleging the heat was on. she, idiot, decides to file for public assistance. and they make her agree to a paternity test. so to avoid the authorities finding out, she's been molesting a 14-year-old little boy, possibly 13 at the time, she killed the baby. that's the case as the state is laying it out, penny. what's your defense? >> nancy, that in itself is insane. just because you kill the baby does not mean that they can't find out who the father was. they can take dna from the baby whether it's dead or alive. it sounds totally ridiculous. she could have denied she knew who the father was. she could have just given a first name and given a list. they may have pressured her. she could have easily said she didn't know. but to make it clearer in lay terms as to insanity, the difference would be that the person shows that she did know she did the wrong thing. otherwise she would not have made up all these stories, and lied about it. y8 i know i didn't do anything with that little girl. i would never hurt her. >> everything she says is crazy. i mean, it's like the cops say, they're inconsistent. >> i don't know anything about her flunking a polygraph. i know what's been said about it, but i'm not a polygrapher myself. but i didn't see any results. i didn't get the, you know -- i was told by the polygrapher that did the polygraph, that it's not judged in percentages, that the polygraph is either a failed or a pass, not in percentages. >> a recent polygraph, a voice analysis indicates misty cummings knows more about her missing stepdaughter than she's saying. >> my feelings are we need to find my daughter. >> do you think misty holds some information that could help do that? >> i don't think that she holds any information that's going to find haleigh. >> we've known all along that her stories were full of inconsistents. >> you don't know where she was that day? you haven't found out? >> she was at school that day. >> until what time? >> she gets off the bus about 3:00 something is what i was told. >> she gets off the bus at 3:00 or she gets out of school at 3:00? >> she gets off the bus around 3:00. a little after 3:00. >> do you know what time she would get out of school? >> no. >> why? >> i don't live there. >> you didn't know what time your daughter got out of school? >> i'm assuming around 2:30. i don't live there. i was never told those kind of things. >> they go out and look for the right person, maybe they would have the answers. but they're trying to get all the answers from me that i don't have. >> now that you have been told, whether you accept it or not, that your wife has flunked a poly, have you asked her what happened? what does she tell you? >> i asked her. but i don't get any answers from her about, you know -- i don't see -- what she's telling me is not inconsistent. >> she got on the phone and said, i'm going to take you to orlando to get you away. because your days are numbered. and i was like, okay. i didn't know what to say to him. >> what is her story about what happened that night? >> the same thing that she's telling police, or whoever, that she put haleigh to bed, done some laundry, went to bed and woke up to the door propped open. >> i'll try to do everything i can to find haleigh. anything for haleigh, i'll do. >> straight out to t.j. hart, program and news director with wsky 93 fm. it's my understanding that it is now confirmed, that there was a major blowup between new stepmother, misty croslin, and the bio dad, ronald cummings, just before the child goes missing. what can i tell you? >> i can tell you there was indeed a big disagreement. but it wasn't over a weekend of partying, it was over misty babysitting those other children. they've not released phone records, but sources close to the investigation tell me that ronald had that argument over the phone with misty while he was at work. all phone pings point to this at 8:30. misty's phone is turned off until about 3:15 a.m. those same sources say ronald tried several times to call and text misty to no avail. tim miller said that ronald told the same story to him in the attorney's office a few weeks ago. >> okay. t.j., i hate to put you on the spot here, but are you married? >> yes, i am. >> okay. so you are going to tell me that you really buy the story that your wife has gone on a binge, absent, bye-bye, awol for three days, and that's not what the fight was about? you're really telling me that with a straight face? >> i'm telling you with a straight face that that's what my sources tell me. but as a man, that would factor into any argument -- >> as a man, forget that. as a person. >> as a spouse. it would factor into any argument. it would accelerate it probably. >> i like the way you put that icing on the cake, it would factor into the argument. that is a nice way to put it, t.j. hart. i want to go to terry schumaker, the attorney for bio father, ronald cummings. i want to clear something up about the time loin. everyone wants to know, where was ronald cummings, where was she when she went missing. terry schumacher, joining me from jacksonville, florida, what time did ronald pick up haleigh from school, from the bus stop that day? >> ronald picked up haleigh at approximately 3:30. it just depends on, in talking with him, how fast the bus got there. >> got it. 3:30. terry, how far away was his place of employment? >> on that particular evening, he told me it took him exactly, based on what, you know, the records are, 19 minutes for him to get to work that night. >> okay. when he picked her up at around 3:30, where did he take her? >> he took her home. which is less than a mile away from the bus stop. >> and what time did he have to be at work? >> he didn't really start work until 5:00. however, he would always get there, he said, approximately 30 minutes to 45 minutes earlier, depending on when he left. >> he would get there 45 minutes beforehand. so he picks her up around 3:30, takes her home and drives 20 minutes to work. we know he punched in on time at work. yes, no? >> yes, he did, absolute live. >> okay. that is the alibi for ronald cummings. he was observed picking her up between 3:30 and 4:00. he dropped her off and was on time for work. if not 45 minutes early. i want to go to a special guest joining us tonight. teresa nevis, this is haleigh's paternal grandmother speaking out exclusively since the -- for the first time since it's been uncovered that her new daughter-in-law flunked "miserably" a polygraph. teresa, thank you for being with us again. miss neves, is it true that family and friends have encouraged misty croslin to go under hypnosis to help her remember anything about that night, she may be even subconsciously suppressing? >> yes, ma'am, absolutely. >> who has asked her to undergo hypnosis? >> i have spoken with her personally. i don't know actually -- i know she had spoken with a friend of ronald's. but i don't know of anyone else who has spoken with her -- i personally don't know that. i did speak with her, because i feel like if she knows something, i don't think she's purposely hiding it. i believe that it's something that she doesn't remember, something in her subconscious. and whatever it is, we want it known. >> well, when they try to -- teresa, when they try to get her to go under hypnosis, before she would not submit to it, she would not go along with it. why? >> i do believe that she did her best. i believe there were a lot of people there. i believe there was a lot of pressure there. we were forced to stay away from the house. they would not let us anywhere near the house while this was going on. i know they had several people there. i really don't know what happened during the hypnosis. i had hoped for a more successful outcome. >> miss neves, what do you make of her flunking the private poly? >> i don't honestly know what to tell you about that, miss nancy. i know what i was told, you know. i know what she was told. it was something that we had hoped would help. it seemed like an awfully long time for her to be there. i just -- you know, unless -- i don't want to say anything that is wrong. and i don't know what went on, you know. i wish i did. >> out to dan, the president of the american polygraph association. and he confirms for us this evening that misty croslin, new stepmother's polygraph results are accurate. that she flunked "miserably." how can you confirm that, sir? >> good evening. what we do, when a polygraph examination is administered, they must follow certain proper protocol that's been taught in a basic polygraph school. there's several different techniques that are taught. these techniques have been researched, validated. we know the accuracy rates somewhere could be 85% to 95%, as long as the examiner's doing his job. as he's taught. and just like for a doctor sending an ekg somewhere else. once he obtains that physiological data, he can send it to another doctor somewhere else in the world. same with the polygraph. when we see the traces, the physiological traces from another examiner who is trained and understands that technique. >> what is her story about what happened that night 1234. >> the sim thing she's telling police or whoever, she put haleigh to bed and done some laundry and went to bed and woke up to the door propped open. >> i was sleeping in that bed. how would the bed be made if someone is sleeping in the bed. i wasn't the only one sleeping in it. but how would it -- me and the son, how would the bed be made if we were in the bed sleeping? >> she said she never made the bed that night. she'd been awake all night. she never went to sleep. they did not have any laundry detergent, so she never washed clothes. the only clothes in the dryer was dirty clothes. >> do you think misty holds the information that could help you out? >> i don't think that she holds any information that's going to find haleigh. >> the question was asked, why did you marry misty? his words were, you keep your friends close and your enemies closer. you either feail it or pass it. according to these reports, she flunked it. >> until i see further proof, miss nancy, my concerns are still keeping haleigh's face on the tv and being sure that she is found. >> i thought all along that she had something to do with it. >> when i showed up there, they said i was taking a polygraph. i was like, okay. >> did you at any point say, i don't want to do this? >> no. >> why? >> because i thought i was helping. >> people think that i had something to do with it. if i had something to do with it, we wouldn't be here today, we would have her. and i don't know where she is. >> breaking news in the case of missing 5-year-old florida girl, haleigh cummings. misty croslin's own mother says she believes her daughter misty knows more about what happened to haleigh than she's admitting. lisa croslin told wofl -- >> i think my daughter's holding something back. i think they both are holding something back. that's just in my heart. i'm going to tell her i love her and if you know anything at all, please tell me. i mean, we can work through it. i'll be right there by your side. we'll get through it. just please tell me whatever you're holding back. >> the shocking development occurring less than 24 hours after misty croslin's father said that misty may have left home the night haleigh went missing. >> she was a 16-year-old child whose job was to look after somebody else's two young children. and i can only imagine that this girl would want to get out and have some fun of some kind. i think this scenario is very consistent with what could have happened. >> ronald, has the theory that misty left the home sometime during the night been disproved? >> i'm not sure i believe that it has, nancy. i'm also 100% sure, but i wouldn't say that, and lie to you. >> investigators continue to scour for clues, looking through 160 taped interviews trying to find any new information that could lead them to little haleigh. >> they left me alone for six months. i've been the one, the main focus. they just need to move on and look for the right person. >> law enforcement sources confirm stepmom/babysitter misty croslin was not home the night little haleigh went missing. >> i walked in the kitchen and the back door is wide open and she's gone. and that's all i know. is when i woke up, and when i went to sleep she was there. when i woke up, she was gone. >> her story's changed several times. i just hope she did not have nothing to do with this. >> tommy croslin told authorities he went to haleigh's home around 10:00 p.m. that night looking for sister misty. but the lights were all off. there were no sounds coming from the home. and no answer when he knocked on the door. >> i know i didn't do anything with that little girl. >> the back screen door. the one that was propped open with the cinder block, okay? now, if you see when it closes, it slams, it makes a loud noise. but if you leave this door, this slowly closes as well. >> i feel like if she knows something, i don't think she's purposely hiding it. >> do you believe she left the home and left the children alone, ronald? >> absolutely not. >> back to susan moss, family law attorney out of new york. don't you find it extremely coincidental that on the night, the very evening little haleigh goes missing, allegedly snatched out of her own bed, there's a major blowup between bio dad and new stepmom misty croslin, and then during the time, at the exact time when haleigh is either murdered or kidnapped, misty croslin shuts off her cell phone and won't answer the phone? nobody can reach her for those hours? >> absolutely. it is totally ridiculous. there is more to the story than we are being told. the fact that she on the phone with the cops, she claims to be the child's mother, there's more going on here. >> john burris? >> i would agree with that, too. i'd be very suspicious about this telephone being cut off after this argument. when you look at facts like that, you want to really know, why don't you tell us more about why your phone's off. >> i agree, john. because when your husband is trying to reach you, or your soon-to-be husband after a major blowup, and it coincidentally the child goes missing, what about it, penny douglass furr? >> why doipt she just take another another polygraph. she is saying there is something wrong with it, she can take another polygraph. >> it will be her third. why strike out totally, why not just go down with two strikes? why have your third strike and be called out. >> if she's telling the truth and has nothing to hide, she can go through this all over again with the person of her selection and then do it again, if she's not hiding anything. >> uh-huh. what time did she go to bed? >> approximately 10:30, 11:00. >> at that time, was little haleigh in the bed asleep with the brother? >> yes. >> and they all slept together in the same bed, correct? >> yes. >> right beside me on my left is the bed where misty croslin was sleeping and here on the right we have the bed where little haleigh was sleeping. >> for somebody to walk in a house and pick up a child, laying beside another person is just ridiculous. a little baby just two years old walking in nothing but a diaper, no pants, no shirt, no shoes down the central lane of a busy winding highway. where's mommy? it's 4:30 in the afternoon and she's at the local bar with a snoot full. straight out to monday tilley with the "mount airy news" mun dee, i'm stunned. what do we know happened? i'm not letting up on dad but i know that that day, mom had supervision of the baby. >> yes, ma'am, that's correct. she had been up visiting her parents who live here in mount airy from the charlotte area. and according to our sheriff here locally, she had come and gone throughout the afternoon and the grandparents were not notified they were to watch the child and she came home, didn't see the child and then apparently left and saw she had free time to kill and went to the bar. >> free time to kill. that's a good way to put it mondee actually, joining us. apparently she thought she did. special guest from dobbs, north carolina sheriff graham atkinson with the surrey county sheriff's office. sheriff, thank you for can with us. >> you're welcome, good evening, nancy. >> nice to have you, sheriff. sheriff, who figured out they should look at the vanishing point, the local bar, for mommy? >> well, information was gathered by our investigators places she might be located. in fact, i think that the mother's parents gave them the information that they should check there and we contacted the mount airey police department and they went out and checked for us. >> the grandparents come home, there's no mommy, no baby. you find out where the baby lives and the grandparents automatically direct you to the bar? >> yeah, they gave us several locations we could check. one of the places was the vanishing point, that's where she was located. >> so, everybody knew where to look. okay. good to know. sheriff, what is she charged with tonight? >> she was charged with driving while impaired, because when she showed back up at the scene, she was -- had been drinking when she got back and was over the legal limit of alcohol in her system. >> what was her blood alcohol. >> point zero nine. >> just over the limit by that time, who knows about a couple hours earlier. sheriff, where is the baby tonight? >> the baby was actually released by our department of social services into the custody of the father, who lives in mick len burg county. >> sheriff, just thinking about it, the baby wondering down the center lane like that, with me is sheriff graham atkinson. to our producer on the story, am i correct the little girl had on nothing but a disposable diaper, no shoes, pants, shirt and was clutching her baby doll? >> that's right, nancy. she was only wearing a disposable diaper carrying a baby doll and a toy pocketbook. >> all i can say, sheriff graham has a lot more level headed about this than this mommy. but this mommy says throw the book! everyone, let's stop and remember army specialist ryan carlisle, 25 mcqom, illinois killed iraq lost his life days after plans with family for returning home. the main street next to his units's camp in iraq named in his honor. loved country but most of all being a husband and father. dreamed of college. leaves behind parents randy and kay, widow heather and two little girls. ryan carlock. american hero. everybody, i'll see you tomorrow night. 8:00 sharp eastern. until then, good night, friend.