so just how does a dangerous criminal serving three life sentences just walk out of prison? because they released the wrong guy. and all this inmate had 20 do was memorize a jail number. that was his get out of jail free card pretending to someone else. that's it? how does that happen? and a rhode island high school is firing all of its teachers, all of them. every last one. principals all canned. about 80 people. now, this school is one of the worst in the state. half the kids are failing every subject. half can't read. something has to be done. but is firing every teacher the way to go here? call in. always love hearing from you. the number, 1-877-tell-hln. you can e-mail cnn.com/primenews. join us on facebook or text us at hlntv. start your message with the word prime. it's your chance to be heard. welcome. this is "prime news." i'm mike galanos. how is it, how does this happen? a dangerous criminal cons his way out of a baltimore prison just by pretending to be his cell mate. raymond taylor is his name. again dangerous. here's what he did. shot his ex-girlfriend. he was mad at her because they broke up. shot her and her two teenage daughters. shot them execution style. they miraculously lived. he was serving three life sentences. against protocol he's put in the same cell with an inmate about to be released. when the guard called that inmate's name, officials say taylor, our hardened criminal walked up as the other inmate. memorized the i.d. number. recited it. that act actually got him through three checkpoints. >> the inmate was asked to verbally give his i.d. number as this officer checked the numbers against the i.d. card. taylor recited numbers belonging to inmate johnson and the officer removed the inmate from the cell and escorted this inmate to the control center. it was three checks from the cell block to the sallyport to the street. that didn't work out very well. >> all right. thankfully raymond taylor is back behind bars. he was captured this morning at a friend's house in west virginia. captured without incident. unbelievable. love to hear from you on this one. call in. 1-877-tell-hln. back with us lisa bloom, legal analyst for our sister network cnn and justin fentin reporter for the "baltimore sun." first off, how do these two end up in the same cell? a guy going to be released and a guy with three life sentences? >> the prison in downtown baltimore is a facility where there's a lot of coming and going. it's where they take people who are going to be in court or released. but what they're supposed to do according to state officials is keep those who are going to be released either by themselves or with other people who are due for release. that did not happen in this case. mr. taylor was due in court on the eastern shore for a civil lawsuit he had filed against another inmate apparently over some artwork. he was put in the same cell as an inmate who was due for release that day after serving some time on a burglary charge. >> okay, lisa stop right there. instant infraction obviously to put the two together. no way that should happen, right? >> of course it shouldn't happen. i wouldn't just want to see heads roll at the bottom of the chain. that is whatever guards made some errors. investigate this all the way up. what kind of supervision was going on to make sure that this was done properly? i understand that our prisons are overcrowded. but obviously we have to be extra careful not to release the wrong guy. this was a highly dangerous individual as you say who had attempted to kill three innocent people. thank goodness we p caught them. we always catch them. it's news for a while. we catch them and they get back in. that's the good part of the story. there needs to be an investigation top to bottom to see what went wrong. >> robin, let's get that picture up again of the two guys. and let me ask justin. how did he get the i.d.? so raymond taylor is on the left. william johnson the guy to be released is on the right. he gets the i.d. card with the picture on it. how did that happen? >> it's not clear how he got it. he got his hands on it. it's not clear whether he either paid for it or obtained it by force. but what the officials are saying is that the other guy didn't object to when they came to take him out of his cell and walked out with his i.d. card. that's something they're looking into. but the state officials don't believe that there was any i guess ulterior motives or cooperation with corrections officer. >> what about johnson? i mean, because if i'm going to get out of jail -- william johnson set to get out. he served a couple of years. i hear my name called. i'm sitting at the jail cell door waiting to get out of there. >> johnson was released later that day even after they realized they had released the wrong person. they went ahead and released johnson. they were able to find him, snap him back up and charged him with conspiracy to escape but there's a lot of questions about that. today in annapolis our state capital, the lawmakers -- the secretary of the prison system said that we failed in this regard. >> yeah. well, let's hit on johnson for a sec. if this guy spends a couple of years behind bars. you're going to be released. the inference is now he's mixed up with trying to get mr. taylor out. what a fool! let's start there, lisa. go ahead. >> i think you put your finger right on it. it sounds to me from the facts we know so far he very well may have been a co-conspirator because you're right. of course you're going to be the first out of the door when they call his name. the fact that he apparently was sitting there. his i.d. card ended up in his cell mate's hand. his number was memorized by the cell mate. it sounds like enough to investigate as a possible criminal conspiracy. he may not be getting out or may not be on the verge of getting out because that could be a long prison term if you conspire to help another inmate escape. >> what is it like ten years? >> that's right. >> on your way out to now looking at ten years. we're going to continue to follow this. calls your thoughts. you know the number. we want goat you up to speed on that tsunami that started hitting hawaii just a short time ago after that powerful earthquake in chile. bonnie schneider with the update. >> we're monitoring the wave heights with burys around the pacific. specifically right along the shoreline of hawaii we're getting some reports of wave heights up to three feet. not to say we're out of the woods yet because tsunami waves can come in once every 15 minutes. they can last for 30 minutes or longer and vary in height. the rush of water working inland could pool up especially bay areas like this south of hilo and work their way around the island. note that with the force of the water even a small level -- a small rise in the sea surface can make a big difference. that's where we're monitoring the situation in hawaii. >> thanks so much. welcome back to "prime news" on hln. many of you just flabbergasted by this story. a hardened criminal convicted of attempted murder shooting his ex-girlfriend and her two teenage daughters execution style. thankfully, they survived it. but this guy just walks out as he's posing as another guy he ends up in the same jail cell with at baltimore prison. cindy writing what is wrong with our system today? someone was not doing their job. amanda writing, wow, you would think they would know if he had a life sentence. tara is with us in indiana. your thoughts? >> caller: yes. i am just wondering if anybody was actually looking at the picture and looking at the person facing them. because these two guys look nothing alike. >> robin, bruce, let's get that picture up again. there they are. great point, tara. i don't know what guard would be looking at. lisa, can you see the picture? i don't see a resemblance at all. >> i don't know how small and grainy the picture might have been, if it's like a driver's license picture. you're right. i would like to see something better than a picture because sometimes people do look alike. how about a fingerprint, some dna, something more concrete than a picture on a card. >> justin, anybody offered an explanation as to why -- we see the two pictures. come on. >> we were told that they had the same build, the same height, same weight, same complexion, the same facial hair. once i saw the pictures i have to say i didn't think that they were separated at birth. but today before the state lawmakers, the prison's secretary said that they are going to look into fingerprinting -- a technology. it will cost about $20,000 per facility, i believe. they want to put it in some of the more high traffic places. but some of the lawmakers weren't sure -- it's been a tough budget year -- that's something they can swing. >> they have to do something about it. you talked about it investigation top to bottom. what more can be done? this flat-out can't happen. >> it amays me there were three checkpoints. it wasn't just one person that got duped. it was three people who got duped. look, prisons have to be set up on the basis that every prisoner wants to get out. many will contemplate escape. they'll certainly try to get out any way they can. in a laundry bag or a truck or just walking out impersonating another prisoner. there has to be a top-down. i don't like it when the guys at the bottom get in trouble. an investigation what went wrong. what are the procedures that were wrong and can be improftd, not just pointing the finger at one or two people. >> in the cell where it began. again in a holding area. even a supervise or look at this i.d., heard him recite the number and let him go. justin, has anybody talked about specific punishment to anybody from the supervisor on out who were a part of it? >> i think they've identified the people involved and it will be some time before they complete the internal investigation. one of the questions we have is that there's been a lot of stories lately about a lot of corruption in the state prison system. there was a huge indictment last year where corrections officers were accused of being in cahoots with gang members getting them grey goose vodka and lobster and cell phones and contraband is a huge problem. the state says it's a few bad apples but it's one of the first things we thought of. >> and in a case like that. something is broken here and needs to be fixed. thanks so much. lisa, i know you're going to stick around for more stories. we'll talk about this one next. digging deeper into this story about this little girl abandoned. we've been following this all week. we now know her name. and we know more about her father. disturbing details there. but first this. the oldest civil rights organization in america has its youngest chairman ever. that story making news in our what matters segment. 44-year-old rosalynn brock is taking over the top spot on the naacp board succeeding 70-year-old julian bond. she says the naacp can be a powerful force for every generation, including young people in america. >> i want to be able to get the word out that the naacp is alive and well and that we are a multicultural, multiracial organization and it is our goal to extend a broader net to encourage all americans who believe in life, liberty and the pursuit of happiness to come and join us. >> brock is a health care executive who has been a member of the organization her entire adult life. she and the group's ceo benjamin todd jealous represent a new generation of leadership. jealous is 37. could affirmative action be making a comeback in california? that making news in our what matters segment. civil rights activists filed a lawsuit challenging proposition 209. that's the california state lau that divided the state when it was passed in 1996. it bans public schools, employers and contractors from considering race, sex and ethnicity in hiring or admissions. now, this new lawsuit claims prop 209 violates the constitution and it has limited the number of minority students at the school's most selective campuses. the lead attorney filing the suit says the number of black and latino students at schools have dropped dramatically since proposition 209 takes effect. check out the march issue of "essence" magazine or logon to cnn.com/what matters. welcome book. disturbing new details in the asia johnson case. a frantic search is still on for the oklahoma girl. he's is not been seen 33 days. even worse, cops say the 7-year-old may have seen her own mom bludgeoned to death by a hammer by her stepdad. his name is lester hobbs. he's the focus of an intense manhunt. cops describe him as a drifter likely moving from place to place at night. >> he took off out of here in a hurry in the middle of the night. he's gotten to a point where he felt comfortable someplace he's been in the past and laid down. he may have laid there for a couple of days and then he's moved to the next point traveling at night just like a coyote, a scavenger moving from point to point. >> detectives say hobbs likes to cups the internet looking for lonely women. say he may have changed his hair color. he happens two tattoos, the word rose on his right hand, the word love on his left. cops have urged hobbs to turn himself in or at least drop aja off. oklahoma investigators opened up a phone line dedicated to tips. anyone with any information call 580-355-1115. now this story we've been following all week. we're learning about another little girl abandoned at a gas station in delaware. the more horrifying this case has become. her name is hannah jackson 20 months old. look at that cute little girl. innocent eyes coming at you. now police confirm a body found burned in a pack in rockland county, new york is her mother. this just in. detectives in brunswick, new jersey, charged hannah's father dwayne jackson with murder. he was already charged with kidnapping and endangering the welfare of a child. joining me to talk about this one lisa bloom, legal analyst from sister network cnn and former criminal investigator steve cardian and joining us as well jane lerner reporter from the journal news covering the greater new york city area. jane, start with you. what's the latest? how did they connect the dots back to jackson on this burned body they found? >> this is a very complex, confusing case that broke in our area early monday morning when we received a report that two newspaper carriers saw a body on fire in a park in muncie, which is in rockland county, new york. police really had no idea who this woman was. she had no identification except for a tattoo on her lower back with the name patricia on it. there were some other indications that made them check local hospitals. couldn't find any i.d. and they were really stymied until we started hearing reports of a child who was found locked in the rest room in a gas station in delaware almost three hours away. and people started to wonder or we started to hear perhaps these two cases were related. >> what is the timeline? do you know, jane, from when the burned body was found opposed to when the little girl was found? >> the timeline is still a little bit unclear. the burned body was reported to police at 5:30 a.m. on monday. apparently what we've been told -- in delaware is that the child was found sunday afternoon. so maybe about 12 hours earlier locked in a gas station. the girl was in good health, in good condition but just left there with no i.d. no idea who she was. and a little more than 12 hours later this woman's body was found again 160 miles away. >> steve cardian, as you look, how important is that timeline as to when the little girl was found and the burned body was found? >> well, it's very important, mike. to my understanding that patricia was transported down into delaware and then back into rockland county. so the timeline is really tight from apparently the time that she was killed in new jersey and brought down to delaware, the young child brought to delaware and that her body returned and dumped in rockland. >> jane, back to you for one more. so what's the family situation here? >> again, a little bit unclear. but i've been working very hard with my colleague steve linerman to put this story together all week. it appears that the victim, this 24-year-old woman, patricia, had a child with dwayne jackson. that child is hannah jackson. it appears that dwayne jackson was married or currently married to another woman. they live together in new jersey. he works or he worked as a security guard at a hospital. they had two young boys together, we're told. and his wife has a child from another relationship. so he lived with his wife and three children. and we're told somehow another woman is involved in this who might have played a role in transporting -- >> hold it right there. we're going to continue after break. >> the temperatures may be frigid, but the atmosphere here is red hot. welcome to comcast on the red carpet. i'm at the 14th annual maryland state police polar bear plunge, maryland's premier winter event. >> this is my kind of weather. >> perfect day for a plunge. >> you got to get in. >> this is a huge event. it's amazing. we started back in '96 and it was probably like hundreds of people, and now it's just thousands. it's turned into a major standout event for the state of maryland. >> this is the it first time we've had a snow like this and it really does tell who this is all about. it's raising money for a special group of people and they're coming no matter what the weather is. >> how do you do this? >> why? because i love the energy. >> the show must go on. the polar bear plunge, great benefit for special olympics, one of the great charities in maryland, and a ton of people out here. everybody is warm and in the spirit of giving, so it will be a great day. >> for one of the rookie soup sr plunger, this was an item on his life to do list. >> i've never done it. you've heard of the movie the bucket list. this was on my bucket list of things to do. i've accomplished it and can check it off my list. it was a great, great opportunity. >> this is the most amazing group of people i've ever worked with. for those of you who have not been here before, you'll leave here with life long friends. >> as a first time plunger, it's not what you expect. i never expected to cry, but i did yesterday and today because the super plungers were so much. to hear the stories are heart-felt. >> i was a first time super plunger in freezing cold water. >> what's the water temperature? >> cold. >> my first time, i could never do it. this this year, i was like, alright, i'm here, i'm going to do it. we're in little costumes. it's cold out there. nothing compares to how cold it is out here. >> it's rewarding because of the smiles you put on the athletes faces and the camaraderie you get to be with the parents, then the family atmosphere that keeps drawing everybody back. >> are you ready? are you ready? >> it gets better every time. >> this is serious business. >> every year i challenge all of the delegates and the house delegates to come out and plunge f they are not going to plunge, they should give us money for the special olympics. >> it's a wonderful cause, special people, and an important segment of our society, and we have to step up and be there for them. >> for law enforcement, it's a special, unique connection with the spec olympics. police officers love to be out there among the crowd, and they love to be around everyone, the young and the old. >> the 2010 marked the inaugural year, a special plunge on friday for maryland's elementary and high school students. >> we had about 2,000 students out here yesterday. the energy was amazing. these kids embraced the concept. for them to do something bigger than themselves and be active, it's awesome. >> it's for the special olympians. we live for, go for, die for, is to give them an opportunity to participate if the games. >> our athletes are children and adults. we have athletes in their 70's. they can choose from 28 different sports all year long. we're not a one-time a year attraction event. everyday of the year an athlete is benefits from the funds raise. >> with over $3 million raised from the efforts this year, some may wonder where the money goes? >> it goes straight to the athletes like myself and show that athletes with disabilities can do anything that they put their minds to. >> think about it t you can sit there as a child and see kids playing tennis, basketball, football, running track. now as a kid because somebody looked at you as having some type of disability, you don't have a disability. this allows you to go out there and do everything that everybody else can do. you're just like everybody else. >> the bay may be chilly, but you see the steam off of me. that's the warm from our hearts. >> this is what you call freezing for a reason. to learn how you can contribute to special olympics maryland, check out smoddot organize. go to on demand and click get local for what's going on in your community. for comcast red carpet, welcome back to "prime news" on hln. a rhode island school is firing every single teacher. about 80 people. even the principal. assistant principal. guidance counselors. all axed because the school is failing. half the kids can't read. 93% are failing math. can't pass the state's math exam. with failure rates like this, you have to do something drastic. but is firing all the teachers the way to go? is that the best way to handle this? we're going to be talking to a guidance counselor about this. also the superintendent. we're going to hear from both sides. but first here's randi kaye from our sister network cnn to tell us how this all went down. >> reporter: this is central falls high school in rhode island where the poorest students in the state go to school. 75% of the district lives in poverty. a good education may be their only shot at a brighter future. so to give these students a better chance, central falls superintendent this week did something so radical, so unheard of, it's captured the nation's attention. she cleaned house, fired dozens of teachers because the district says they refuse to spend more time with students to improve test scores. >> we have a serious problem. you have 48% graduation rate. we lose more children than we graduate. >> reporter: central falls is one of the lowest performing schools in the state. of the 800 students, 65% are hispanic. for most, english is a second language. half are failing every subject. just 55% are skilled in reading. only 7% proficient in math. meanwhile, the majority of their teachers are earning between $72,000 and $78,000 a year, well above the national average. and the district says the teachers wanted even more money, as much as $90 an hour more for the extra time spent with students. this in a community where the latest census figures show the median income is $22,000. based on federal guidelines the superintendent proposed teachers work a longer school day, seven hours, tutor students weekly for one hour outside of school time. have lunch with students often. meet for 90 minutes every week to discuss education. and set aside two weeks during summer break for paid professional development. a spokesman for the school district told me the teachers union wanted to negotiate the changes. so the superintendent felt she had no choice but to fire all 88 teachers for the next school year. >> i'm disheartened. i feel like after 20 years i can see some progress beginning to be made. and i'm sad that we're not going to be around to follow that through to push that forward. >>. >> reporter: a spokesman for the teachers union called the firings, quote, drastic and told me in the last two years reading scores have gone up 21%. math scores he said have also gone up 3%. the spokesman said the teacher accepted most of the changes but just wanted to work out the compensation for the extra hours of work. randi kaye, cnn, new york. we want to hear from you on this, your thoughts about this action taken. call in. 1-877-tell hln. we want to introduce george mclaughlin, a guidance counselor at the school, disagrees with the action. we hope to also people with dr. francis gallo, the superintendent who made the decision. we'll start with you. i know you've worked at this school a long time. you have a heart for these kids. so if not this, what do these kids need? because things aren't going well. >> well, things are not going well in some arenas within the school and we're trying to work on those things within those arenas. but there are other things that are going very well. one of the problems that we have in this ongoing debate about our termination and lack of improvement in the school is this statistical circus and how volleys of statistics are going across the bow and most of them are inaccurate. i have the stats in front of me. i'm the guidance counselor, one of three. we keep the stats on graduation rates. we keep the stats on failure rates. we've been -- we've heard 1,000 times now it seems that we have 50% of our students failing all their classes. it's 4.5%. there's a 45.5% difference with what's being told to me. that's not fair exchange of ideas if we're going to listen to those kind of statistics. but i'm not here to talk about that. i'm here to talk about having a negotiation and putting an end to this so that we can end the injury to our community in central falls. >> let the record state this, that you disagree with the numbers. that's a fight between you or a discussion you need to have with the powers that be. but for right now, the one statistic that jumps out -- >> not if the press is putting those things out as though they're facts. that's not fair to us, the people on the ground. and you probably were given those stats by someone else. it's not your fault. but you have to give us a chance to say we know what the stats are in some of these arenas and we have to pronounce them. it's unfair to us to defend things if they're incorrect. >> okay. again, those are the numbers we have. you have different numbers. and you've stated your disagreement with the numbers. but let me throw out the one statistic that really jumps out at me. when you talk about the state's math exam. correct me if i'm wrong. i'm seeing 93% failure rate. that 93% of the students at your school can't pams the math exam. that seems like we need to do something drastic with that kind of number. your thoughts on that. >> i think that that's true. i think we do need to do things in a drastic way. but firing all of the teachers that have rapport with these students, which is an essential part of trying to change these things, is as far as i'm concerned deadly. we're going to start with all teachers who don't know them? that doesn't seem to make much sense to me. that's like saying the mother and the father in the family aren't getting you up in the morning, so let's get another mother and father in to get you up. let's make sure that the teachers within the school get the proper training and that we work with the administration so that we can make changes that are going to work. not just for the sake of making changes and putting out press releases. >> george, let me go over -- >> this is based on these children's lives. >> let's go over the changes that the superintendent asked. working a longer school day of seven hours, to tutor students weekly for an hour. that was on the randi kaye piece. have lunch with the students often. will those work and why couldn't those be immediately implemented? >> they could be immediately implemented. those things as far as i know never came to the table. management walked away and was not interested. even no matter what happened in the past, we had a senator, a former senator from our state lincoln chafee stand in front of our school. i didn't even know he was there. i found out later. and he said, let's get somebody in here to mediate. i'll do it. i'll get someone else. that's how things get resolved. let's tom recriminations. this is going to hurt our community. it's going to hurt every urban teacher in the united states if this is allowed to happen and every urban student in the united states if it's allowed to happen. we're trying to avoid that. we want peace and we want to go forward and we want to make sure that the future of our students is not irreparably harmed buy crossing a rubicon and we'll never be able to go back and retrieve the goodness that we have in our school. >> you've heard george. thank you for your time. george mclaughlin guidance counselor from the school. we're hoping to hear from the superintendent to hear the other side, dr. francis gallo set to join us. we also have an education expert that will weigh in as well. call in. you know the number. 1-877-tell-hln. welcome back to "prime news" on hln. we're continuing our conversation. a school in rhode island took the drastic steps of firing every teacher. why? here's the number we have from the school. they say this. out of 800 students half are failing every subject. 55% or only 55% are skilled in reading and 93% failed the state's math exam. so abysmal numbers. we just heard from george mclaughlin, a guidance counselor from the school who will be fired or has been fired. he disputes those numbers. so joining us now to talk about this, larry pirtle, president national education association in rhode island. all right, larry, i don't know if you had a chance to hear george mclaughlin. he disputes the numbers. we have abysmal numbers coming at us from the school. lost in the middle are parents and students who want better, who want improvement. how do we sort through all of this? >> well, i think firing all the teachers certainly isn't the way to do that. i think if you look at when central falls in the urban area you need to bring the stakeholders together -- parents, teachers, community leaders. one of the problems i'm concerned with is we're going to have this one thing fixes all or one issue is going to fix all the problems. and i'll use central falls as a great example. a couple of years ago we talked about an extended school day in rhode island and the former superintendent in central falls testified against it not because she didn't believe the students there needed more time or tasks et cetera. it's because it's a high poverty area and a lot of high school students work after school but don't work for cars and fancy clothes. they have to work to help out families. you have to look at what's going on in the community. you look at the -- >> okay. real quick, larry. the clock is ticking on us. i don't mean to cut you off. let me just read you a couple of texts because this is what people are saying. one. teachers from kindergarten up are responsible for the failing students. maybe test the teachers if kids aren't learning. there's a reason. so there are people that say they see these numbers say failure. teachers aren't cutting it. do something drastic because, hey, half the teachers will reapply and will be hired back. it sends a message that they're mad and they're not going to take it anymore. how do you answer that and how do you answer some of the folks that are watching this unfold? >> listen, i'm not going to blame the teachers. i'm not going to blame the parents of students. you can't say putting a highly effective teach they are the classroom will make the other issues in the community go away. we need to make sure that communities are -- especially communities that have been underserved have the assistance and have the money available for programs to make sure there are preschool programs and kids come to school ready to learn and there are health programs so that they come to school healthy. then if you look at those numbers and say half are failing every subject, let's look at what the reason is. is it high absenteeism or they don't have time after school or for programs because they have to work. let's get at the issues and involve teachers and the people in the trenches in solving the problems. >> quick before we let you go. are you ever in favor of that drastic option of firing everybody? >> no. and there's no research obviously -- there's no research that shows that that kind of option works. again, you need to bring all the stakeholders together. put them down and sit down and look at what works best in that community. >> thanks for taking time. president local national education association in rhode island. i think we all agree if you're not going to fire them, you see these bad numbers, you have to look at the teachers and evaluate. and the ones that aren't cutting it have to go. continue the conversation on facebook if you'd like. coming up this, the man accused of kidnapping jaycee dugard 18 years ago and holding her captive back in court. do you believe his attorney wants uption to feel sorry for the guy. that because of his arrest their family was torn apart? a family built on felonies and rape? training for the new york city triathlon is not the biggest challenge angie has faced. >> i was diagnosed with breast cancer last april. and i was out of shape. and when the challenge came along, i thought it would be the perfect thing. >> as you sort of have looked at the challenge that lies in front of you, what are you most nervous about? what are you the most excited about. >> >> i'm excited because i think i'll be in really good condition. i think i'll feel healthy. i think the swimming will be great. that's what i'm worried about. >> it hasn't been as big a challenge as she anticipated. with a the help of a trainer she's getting more comfortable. our other participant had her own concerns. >> there's the huge possibility of p crashing and burning on tv. >> turns out real life presents the greatest challenge. >> being in the office is difficult especially in a newspaper office because we believe in eating and eating well and eating a lot. >> and schedules. >> the workouts themselves aren't really difficult. what i find hard is managing my time to fit the workouts in. >> from both triathletes, the journey ahead will be long but doable. >> there's only 150 days left. so it makes me want to kind of ramp up my efforts. >> i feel stronger all the time. but i feel like once i can get this done, i think i can close that chapter. i can put that breast cancer behind me. >> dr. average ai gupta, cnn, reporting. all right. the man accused of kidnapping jaycee dugard, holding her captive 18 years in this secret backyard just appeared in a california courtroom. wait until you hear what they'll be asking for here. the attorney for philip garrido wants us to be sympathetic to this convicted sex offender. says his family has been torn apart. family meaning his alleged partner in crime, his wife nancy and the victims here, jaycee and her two daughters fathered by garrido while in captivity. garrido even hamtion the audacity to ask the judge for jaycee's new address. wants to communicate with her. so many new details coming out in the just-released court documents. back with us to talk about it lisa bloom. psychologist jen burman with us and henry lee, reporter "san francisco chronicle." he's covered this since the outset. spell out what they want in these motions talking about garrido's defense. >> what they're saying is that the defense for both garridos want their clients to have the chance to talk to each other behind bars in el dorado county. they want to not only p plan their defense but talk about family issues that have been pending since their incarceration. they also say we want contact with jaycee and her attorney. the district attorney is saying absolutely not. >> lisa, let's hit on a couple of things. number one, do the garridos have any right to see and speak to each other in jail? >> generally not? generally co-defendants cannot. their attorneys can communicate with each of them individually and then with each other. this family theory is preposterous to me. as you say it came about allegedly because he raped a girl. family came about because he raped a girl. consent would not be an offense. i don't see the judge giving him any traction in the arguments. >> he's just infuriating. this is from the chief assistant county counsel talking about the family issues saying the "alleged family was created by 29 felony counts of kidnapping, false inprisonment and rape. the garrido's invocation of sank street of the family of the family is breathtaking in its audacity. where is the defense going with this in. >> defense lawyers are supposed to be fighting zealously for the rights of their lawyers. i don't even blame them for asking for the right to contact jacee. once she as a crime victim has said i don't want to be contacted, i don't want to talk to you. i'm in hiding with my daughters. leave me alone, that has to be respected. by the way, they do have the right to subpoena her for trial. she has to go to trial if there is one. she has to answer questions on cross-examination, but she doesn't have to cooperate with them before trial. >> what if philip or nancy garrido were to communicate with jaycee dugard? how damaging would that be.
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