about her treatment. this as we obtain more secretly recorded jailhouse tapes. hours of croslin yakking to mommy and daddy. you name it. all caught on video. as usual, it's all about misty croslin. whining about life behind bars. croslin breaking down in tears, actually blaming the little girl's kidnap for ruining her life. repeatedly referring to the kidnapper as "he." this while croslin's own brother blames their alleged drug operation for haleigh's disappearance. but why? as police comb those jailhouse tapes for clues tonight, where is 5-year-old haleigh? today's a very bad day for me. >> she was taken to the crime scene, to the river. >> tomorrow's going to be a bad day for me, too. >> the detective showed her what they had found. >> i was freaking out. i was, like, they got me. >> she was shown bones. >> shown bones. >> bones and remains. >> i know that bones have been found in the river. >> she knows something. >> human bone or animal bone? >> she was pointing a spot out on the river. >> they're still denying that they found any human remains. >> it was crazy. >> show her the bones. >> they put her in the car with brother tommy croslin. >> and let's say she has the reaction -- >> i'm serious. i was like oh, my god. >> those three grandkids of mine is involved in this, and i don't know why. >> the cops said there was a whole bunch of bricks -- >> it was brick, like a brick on the floor. >> but i've never seen any bricks at all. >> they have no remorse or something. >> i'm not hiding anything. >> i didn't do it. >> i don't know where she is. >> if i find whoever has my daughter before y'all do, i'm killing them. i don't care. i'll spend the rest of my life in prison. i'm telling you, you can put it on recording, i don't care. >> i would do it. i would take it. three years in and four years out. i'd take it. i'll take it and run. it's like but i would be in like a boot camp since i'm so young. if they put me to prison, it'll be like in a boot camp. >> good evening. i'm nancy grace. i want to thank you for being with us. bombshell tonight. is misty croslin, babysitter turned stepmother, the last person to see little haleigh cummings alive, set to take a plea deal? to what? croslin goes all the way to the florida governor complaining about her treatment. this as we obtain even more secretly recorded jailhouse tapes. >> people are starting to talk. >> i don't know where she is. >> people are starting to cooperate. >> there's nothing to break me on. >> i think she's come to realize that, you know, she's in trouble. >> i see a smile. >> there are reports of two cinder blocks retrieved from the river. >> it was brick, like a brick on the floor. >> and my sources telling me police have obtained yellow rope from tommy croslin's home. >> and i can't help you find her body. i don't know where she is. >> they told the family it's time, they have enough evidence that they can start making funeral arrangements for little haleigh. >> bring her back. >> i know somebody took my little girl. >> just want our baby to come home. >> it brought the family members in to the sheriff's office. >> he's not as strong at home as he is on tv. >> they told him it was now a homicide investigation. >> it was the worst thing i've ever been through in my entire life. >> misty is being very coy about answering the questions. >> she says, "but nanny, i was scared." >> she has not told the truth. >> this is something you should have said a long time ago. >> truth is still within misty. >> people think i have something to do with it. if i had something to do with it, i knew where she was, we wouldn't be sitting here today. >> they ain't never seen us, how we lived before. we always had nice stuff, nice things. >> been up and down all our life, but we've always come out of it. but this time i ain't never -- this time's terrible. >> i never thought, ever thought this would ever be like something to even think about happening. >> me neither. no way. >> seen this [ muted ] on tv, you know, i didn't think it was -- you know, it could ever happen to us. >> they're out to get you, and they got you. >> they can't charge me with stuff that i didn't do. >> accessory, i guess. >> they can't charge me with all these -- yeah, but they can't just charge me for trafficking. >> is she crazy? eleanor. eleanor odom, she is behind bars, suspected in the murder of a 5-year-old little girl, and she's saying she can't go to boot camp, which is a diversion program where you basically go to a youth boot camp for a couple of months and then you get cut loose? >> i know. it's hard to believe. she doesn't even have any offer of that that we know of right now, and that would certainly be a generous offer considering all the drugs she was selling. >> and let me make it clear. she is not a formal suspect. the police have not named her a person of interest or a suspect. what we do know is she's the last person to see 5-year-old haleigh alive. now with breaking news, investigative journalist art harris. art, what can you tell us? >> i can tell you, nancy, that as i reported on artharris.com last week, she has flunked a polygraph, a police polygraph, and now i know that her brother took one on thursday. no results announced. but this is something that we're all holding our breath about because if tommy croslin passes his test then it's back on misty. if he doesn't, then all bets are off. >> well, it would seem to me, art harris, if she flunked yet another, i think this would be the fourth polygraph. it's not off misty. it's not on anybody else. it's still on misty croslin. >> that's true. but there would be other possibilities beyond misty if tommy croslin knocked on the door of the trailer that night, says no one was home. we don't know what the questions were that he was asked. but if there was any deception shown, nancy, his story could be held up to the light of the truth. >> okay. art, with me investigative journalist art harris. what can you tell me about the conditions surrounding her most recent polygraph that we now learn, you've learned she flunked? >> i can tell you, nancy, that she was scheduled to take one a few days before. she was too sick to take it. they set it up again. it was given in the st. johns county jail building, administrative building. several detectives were there who'd been working on the case. an independent polygraph operator, who is a veteran -- >> who? >> a woman named patty knight from a nearby county came over to do it. it was done between 5:30, 8:30 p.m. in the evening. and she showed deception on every question. >> on every question. art, how did you find that out? >> nancy, i'll just say that i spoke with people who are familiar with the test. >> do you have any idea what the questions were? >> well, we know that the question that she had -- that was raised in letters she wrote to her relatives revolved around the scenario she named was that her brother, tommy, and her cousin, joe, the mystery cousin from tennessee were at the trailer that night and she claimed that she saw them with haleigh, that they came over to steal a gun from her husband, ron cummings, and the gun wasn't there. or then boyfriend. and so tommy left, and cousin joe was mad and took haleigh. of course, they are not suspects. cousin joe has denied all involvement. he has a lawyer. he's been interviewed twice by law enforcement. and he is right now in the clear. >> and so she flunked the polygraph, all about that scenario. so that is just a crock of lies, right? >> nancy, we don't know what to believe at this point. >> to jean casarez, legal correspondent in session. jean, after taking a listen to all of these newly obtained jailhouse recordings, what is she talking about a plea deal? who has offered her, if anybody, a jail for three years? or is that just something she dreamed up behind bars? >> or is this something her attorney has talked to her about? well, what's interesting, nancy, she's charged with eight felony counts, charged as an adult, with prescription drug trafficking. she's saying that she will enter a plea deal as a youthful offender. that's a juvenile. and that means she would go to a juvenile institution until she is 21, and then she said she'd get out on probation. so that's what she's believing. but with these counts does she really even know what the reality is? >> unleash the lawyers. eleanor odom, prosecutor, atlanta. renee rockwell, veteran defense attorney out of atlanta. peter odom, defense attorney also out of atlanta. to you, peter odom, there is no -- first of all, it sounds to me like her idea that she's getting from a jailhouse lawyer, in other words, someone that's been around the block several times and thinks they know the system, telling her what she can hope to get on these drug charges, what do you make of it? >> i think that what she's talking about, a three-year sentence or a boot camp sentence, is probably what's going to happen with her. nancy, keep it in perspective. all the drugs that she sold in their entirety could fit in a ziploc bag, in a quart-sized ziploc bag at that. it's $4,000 worth of drugs. >> wait. you are misleading the viewers. first of all, elizabeth, please pull up the video of miss croslin doing a drug deal. yeah, it would only fill up a ziploc bag. but it's because it's tiny, tiny oxycodone and oxycontin pills, eleanor, so you can fill up a bag with like 1,000 of those. >> right. and remember, it's a trafficking amount. that's a lot of drugs, nancy. >> what about it, renee? >> and not only that, nancy, but eight different counts. now, at the end of the day a three-year sentence in a boot camp is not unreasonable, but she's going to have to come to the table with something, and it's going to have to be something about the disappearance of the baby. >> you are seeing video right now of undercover police surveillance from a pinhole camera inside a police undercover car. misty croslin leading the drug sale. and there you go with the first ziploc bag full of illegal drugs. >> hey. i'm in the car with him. where do you want me to meet you? >> i haven't seen him. >> well, he said he didn't -- he wasn't going to leave you, he's going to stick with you to the end. >> okay. >> he just -- he just wishes that you would be straight with him because he's your lawyer and he's not going to do nothing to harm you. >> i know. i am, though. 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i could be at home sitting doing the same thing, waiting for court. you know? i don't understand. now i have to wait another freaking no telling how long for court. >> you're headed for long haul, baby. hard road. i just wish you would have listened to me in the beginning. >> i know, i wish i would have too. that first day when you were -- when you said that. i should have just listened and i wouldn't be in this mess. >> that's why i cussed you out and everything. told me to mind my own business. >> i have $1.3 million. >> told me to mind my own business. >> i know. >> you was my business. >> i know. i know. i wish my bond wasn't this high because i could bond out. >> hey, it's your first time ever getting in trouble, you know. >> my first time ever being in trouble they're going to put me in $1.3 million. >> it's because they think you know more than what you're saying. >> i know. >> out to marlaina schiavo, our producer on the story. marlaina, what is she -- why is she contacting the governor? >> she said that she's going to write to the governor because she doesn't like how she's being treated in jail. she's in protective custody, and she thinks that that's a punishment. meanwhile, we spoke to the jail, and it's for her protection because if they put her in general population she might get hurt. so -- and she also says that she doesn't like the food, nancy, and she wants him to look into it. >> doesn't like the food and she wants the governor to look into it. okay. renee. renee rockwell, everything she writes to the governor will be admissible in court. >> yes. but i'm pretty sure she's just going to be writing about the food conditions. and nancy, everything that she's writing to anybody's going to be admissible in court. unless she's writing to her attorney. so all these letters she's sending to all these relatives about what's going on, what happened, what didn't happen, those are absolutely fair game for the prosecution. >> to dr. jeff gardere, psychologist, author of "love prescription," dr. jeff, here's the bottom line. when you see her talking to her father, saying "i've told them everything i know" and break down crying and talking about wanting to go home, you've got to put that against the backdrop of four failed polygraphs, a failed voice stress test, and either a refusal or inability to go under hypnosis. if she really didn't know anything, she wouldn't be failing four different polygraphs. four polygraphs. >> absolutely. this is a woman who's not only immature, young woman who's not only immature, but also a sociopath. we can just look at the fact that she was involved with haleigh cummings, the way that she was, the way that she didn't really take care of her, and then finally, with the eyes of the world looking at you, nancy, knowing law enforcement is monitoring you, then you get involved in drug deals. this is insanity. >> jean casarez, the reality is looking at her, you want to believe her. you want to believe anyone that's talking and take them at face value and believe them. but you can't because we know that she flunked four polygraphs. private polygraphs, police polygraphs. voice stress test. you name it. she flunked it. >> now, let's add more facts to what you just said. she just said in these recently released jailhouse tapes, basically without naming a name, she said she knows who did whatever happened to haleigh, that he, singular, is walking around free while she's in there. you hear her father respond that from the very beginning they've told that to law enforcement. they've done nothing. and we know art harris has clued us in to who "he" is. well, if police have done nothing, that's because they have no probable cause, they have no evidence at all of this lone male person. >> as soon as they get this haleigh case wrapped up, they'll let us alone. i understand. i understand them to an extent, you know. i understand they want to find haleigh. and i want them to find haleigh too and find out who did this to haleigh. i don't care who it is. well -- >> well, of course but they don't have to do this like this ruining our lives. >> i think we let them. allergies? 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"hello." calculator humor. i'll be here all week. i will -- that was my schedule. the freedom to name your price. now, that's progressive. call or click today. just got to get your butt out of there. do whatever you've got to do to get out of there, misty. >> i am, daddy. i want out of here so bad. they can put me on an ankle bracelet, you know. that's even -- that would even -- being in jail, this isn't even a lesson. okay? if i'm outside, out in the open and knowing i can't leave the house, you know, that's even tempting. >> there's somebody when your mom was in court last time there was this girl and guy got caught selling some pills to an undercover cop and they gave them two years' house arrest and two years' probation. >> that's what -- i would love for that, man. give me two years probation and two years house arrest, man. give me six years. i don't care. >> straight out to leonard padilla, bounty hunter who offered to bail croslin out of jail. of course, her attorney would have nothing to do with it because his condition was she helped tell him what happened the night haleigh went missing. leonard padilla joining us out of sacramento via skype. what do you make of the now bombshell that she's flunked a fourth polygraph? there's no way around it. she is lying. >> well, nancy, i don't think she could tell the truth and pass. her mind is so convoluted with what happens in her life, especially that particular evening, that there's people that have many, many doubts as to whether she could pass a lie detector test. even if she told the truth. now, art harris says that tommy took a lie detector test thursday, which obviously hasn't been publicized. if he'd have passed it -- if he took it thursday and he passed it, his attorney would be all over the media with it. >> man, you're not kidding. >> so if he did take one thursday, if he took one thursday, and it ain't been publicized for the past week -- >> yeah, it can't be good. >> i can only wonder what happened. >> paul penzone, let's talk about what padilla just said. paul penzone joining us out of phoenix, director of prevention program childhelp.org, former sergeant with the phoenix pd. paul, i think even if you were stoned out of your brain that night you still would be telling the truth this many months later on a polygraph test when you say "i don't remember. i did the laundry, i went to sleep, she was lying four feet away from me." i don't think that being high as a kite the night of the incident would prevent her from passing a polygraph this many months late