The O'Reilly Factor
A daily summary of segments aired on The O'Reilly Factor. A preview of the evening's rundown is posted before the show airs each weeknight.
Tuesday, January 16, 2007
The Factor Rundown
Talking Points Memo & Top Story
Impact Segment
Factor Follow Up Segment
Travesty of Justice Segment
Body Language Segment
Back of Book Segment
Factor Mail
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Anger over Missouri kidnapping
Guest: Psychologist Dr. Debra Mandel

"Last night, I said 15-year-old Shawn Hornbeck might have accepted his kidnapping by Michael Devlin rather than trying to escape. I also said I don't believe much in the Stockholm syndrome—that is the captive becoming attached to the kidnapper. Now, Greta Van Susteren disagreed with me and so did many of you. This is a complicated, disturbing story that is important for all Americans. After teaching teenagers in high school, it is hard for me to believe that a normal kid would stay in a horrible environment when escape was easy, especially if the child had confidence in his parents. No question this monster Devlin made threats and intimidated Shawn. But teenagers have brains and Shawn had the freedom to get away if he wanted to. The situation is made even more complicated by the fact that kidnapped children are always traumatized. There's huge damage done to any child in that situation. Now, the St. Louis Post-Dispatch reasonably editorialized today that the public does not have to know all the details of this case and that further damage can be done to Shawn Hornbeck by the media. That is certainly true. But it's also true that we're living in a dangerous time and children must be taught about evil, and must be prepared to face it because they'll likely have to. All American children must be taught survival skills, and must be prepared to face crisis situations. That is the lesson of the Shawn Hornbeck story."

The Factor continued to take issue with the idea that Shawn Hornbeck experienced Stockholm syndrome: "When this story broke, you had all these experts scurry out and immediately say Stockholm syndrome. They don't know the boy, they don't know the circumstances, they don't know anything. And I thought that was irresponsible. Because, again, I taught high school. I know these kids. I know how rebellious teenagers are. I know that they don't respond well to any kind of oppression. And this is the exact opposite of that." Dr. Debra Mandel said, "A lot of times, the syndrome is put out and we hold the criteria so dear to us, that it has to meet it perfectly. And a lot of times somebody may be a little sub-threshold from the syndrome, so that you can have qualities like that. And if somebody has been terrorized, and if somebody's been threatened that their family's going to be killed if they speak up, or that they're going to be killed, they live in that state of terror. And they will sometimes develop a very strong loyalty to their abductor." The Factor felt the media was too easily blaming Stockholm syndrome: "I think it's too glib and too easy to say Stockholm Syndrome, bing, bang, bang, that's what happened. I don't think that's what happened. I hope that this is something that's explainable, because American parents and children need to know what happened there. It's very important."

News Link: St. Louis Post-Dispatch editorial: A Time to Heal

News Link: Shawn Hornbeck kidnapping latest
Featured Book: Healing the Sensitive Heart by Debra Mandel
Milennium Bomber sentence suspended
Guests: Former prosecutor Anne Bremner & Fox News correspondent Megyn Kelly

The Factor discussed another crazy ruling from the Ninth Circuit Court of Appeals in San Francisco: "You may remember the so-called Millennium Bomber, Ahmed Ressam, convicted of trying to blow up the tower at the L.A. International Airport. Ressam, an Algerian, was caught with 124 pounds of explosives in the trunk of his car after crossing into the USA from Vancouver, Canada. He was sentenced to 22 years in prison. But now, the ultra-liberal Ninth Circuit Court Appeals in San Francisco has thrown out one part of that conviction, [and] sent the entire case back to the lower court." Former Prosecutor Anne Bremner: "They said there was no linkage language within this count as it was explained to the jury. So he's charged with committing a felony while he had explosives with him. But it should have been explained to the jury that there was linkage, that he had the explosives to further that felony. And because that language wasn't there, they sent it back down." The Factor was not impressed by the legalese: "This court was searching for something to disrupt the case, send it back, throw something out." FOX's Megyn Kelly: "The Ninth Circuit, you know, consistent with its history, provided a liberal interpretation of a prior precedent. The jury was instructed that if they found he was carrying explosives during the commission of a felony, he could be convicted. They found he was; he was convicted. Now, the Ninth Circuit is saying it's not enough that he was carrying explosives during the commission of a felony. They say the explosives had to be related to the felony. There's nothing in the statute about being related." The Factor commented, "This is why Guantanamo Bay and military courts are needed—to keep it away from the Ninth Circuit Court of appeals, because they don't want to wage the war on terror."

News Link: 9th Circuit Court of Appeals tosses out Millennium Bomber conviction
Los Angeles and marijuana
Guest: Former prosecutor Donald Schweitzer

The Factor said California's medical marijuana clinics were corrupt: "California legalized medical marijuana in 1996 and the scammers immediately took action. The number of pot shops in L.A. has increased from 4 to 98, and anyone can get a prescription if you have the cash. This is a scam. Everybody knows it's a scam." Former police detective Donald Schweitzer agreed: "I don't think that the voters in California necessarily voted to totally legalize marijuana. We did decriminalize marijuana with the passage of some other laws. But this specific law was supposed to be for serious medical conditions. And it was written by people that were really trying to legalize marijuana. I think that most people would be appalled to find that there are juveniles going into these pot shops, purchasing marijuana, going back to school, [and] selling, you know, two-thirds of it." The Factor said that if it came to it, the federal government could step in. "The federal government is not going to legalize marijuana as it stands now. And if the states legalize marijuana, the federal government will come in and say you can't. And you can't overturn a federal law by a state referendum. The people had to know in California that scammers were going to come in for medical marijuana. They had to know that was going to happen."

News Link: Medical Marijuana chaos in California
The Phil Spector murder case
Guest: Author Mark Ribowsky

The Factor explained where the Spector murder case stood: "The legendary 66-year-old rock 'n' roll producer is charged with murdering Lana Clarkson, a struggling actress. That crime took place nearly four years ago, but Spector has dodged trial all this time." Mark Ribowsky, author of the book "He's a Rebel: Phil Spector, Rock 'n' Roll's Legendary Producer," explained what happened and why Spector still hasn't been tried: "What we know is that he was on a wild night on the prowl—that on the night of February 2nd, he went to about four different clubs, caught sight of Lana Clarkson, and was able to convince her to come home with him for a 'night cap.' About two hours later, the limo driver hears a gunshot. He gets out of the car, walks towards the entrance, Spector opens the door, [and] on a chair is Lana Clarkson slumped over, blood from her head, clearly dead. Spector says, 'I think I shot someone.' It's not only Spector's lawyers who have done this. The trial has been extended by the L.A. district attorney, wasn't ready. The judge has put it off a few times, because he had other business. It's just been a mess." The Factor agreed: "Yes, if Clarkson had anybody looking out for her, and I don't think she does, they could have demanded a trial." Ribowsky said, "You're going to have an O.J. situation in spades. Spector's team has much more evidence than O.J.'s team ever did."

News Link: Phil Spector to go on trial
Cheney / Boxer / Rice / Beatty
Guest: Body language expert Tonya Reiman

Resident body language expert Tonya Reiman analyzed a clip of VP Dick Cheney, appearing with Chris Wallace on FOX: "You see Dick Cheney's hands start to kind of tap back and forth, which you can tell he's nervous. And that's also a nurturing position—how he's kind of cupping his hands together, on one another. So he's uncomfortable. And at the same time he's doing that, he's also slightly shaking his head back and forth, which tells me there's a definite disconnect." The Factor asked, "So what does that mean? Does it mean that he doesn't trust Chris Wallace or he doesn't like the question?" Reiman said, "I think he's not sure of the answer." The Factor turned to the Boxer/Condi dustup: "Barbara Boxer was grilling Secretary of State Condoleezza Rice about Iraq and said that, because Secretary Rice doesn't have any children, she can't empathize as much as possibly she should." Reiman said of Boxer, "As she's talking, her hands go to her chest. She's talking about, you know, my children, my grandchildren. When a woman does this, this is true passion. She really feels strongly about this." Reiman on Condi: "She was initially shocked that the question came. You can see her eyes go wide for a second. She gives that one eyebrow, which is skepticism—like confusion, so to speak. And then the eyebrows go together. And you can see almost a glare. She gets very angry. And she maintains a level of anger throughout the rest of the interview." The Factor turned to Warren Beatty: "Warren Beatty last night at the Golden Globes gets the Cecil B. DeMille Award for being a good guy in the movies or something." After analyzing Beatty, Reiman said, "He's moving around a lot. So I get the feeling he's very uncomfortable. He's also very nervous. He's shaking. But then, there's so many facial expressions going on there. It's almost like a little scowl that says, maybe I don't deserve to be here. The eyebrows are up. He tucks his chin at a certain point. And see that head tilt? It's like a coy look to make himself look enduring." The Factor asked, "So he's acting?" Reiman said, "I don't know if this is acting so much as it's uncomfortable for him to be up there, and it's shining through."

News Link: Watch Sen. Boxer take on Condi Rice

News Link: Warren Beatty wins Golden Globe
Is adultery a felony?
Guest: Attorney Lauren Lake

Is extramarital conduct really a felony in Michigan? Apparently, it is in some cases. The Factor explained: "Last February, Lloyd Walton was arrested for trading OxyContin pills for sex and charged with 17 counts, including unlawful sexual conduct. If you're in Michigan and you're fooling around on your spouse, are you telling me the cops can kick the door in and charge you with a felony?" Defense attorney Lauren Lake said, "Well, yes. Technically, adultery is a felony in Michigan. No one has been prosecuted or convicted of it since, like, 1971. But on the books right now, adultery is a felony in Michigan." The Factor wondered, "Why is this an issue now? [Are] the authorities using it against this OxyContin dealer [like] some kind of a trick?" Lake said, "Yes, the trial court dismissed the criminal sexual conduct charges against this guy, saying this girl consented. She took the drugs. Then she gave the sex willingly. There's no rape here, no criminal sexual conduct. So the prosecutor tries to get him on this obscure part of the statute." The Factor said, "So the prosecution wants to basically say, look, this guy is guilty of sexual abuse, because he took a drug-addicted woman, and used her in a sexual manner."

News Link: In Michigan, cheat on your wife and serve life
Viewers sound off
Factor Words of the Day
Lots of letters on Shawn Hornbeck and justice in Vermont:

Carol Dufour, Exeter, NH: "O'Reilly, your comments on the case as bad as the Vermont judge who gave a child molester probation. How dare you sit in judgment before you know what happened?"

Todd Burry, Toronto, Canada: "Bill, don't attack Shawn in order to make some sort of family values argument. You will only discourage other kidnapping victims from coming forward."

Hannah Sinnamon, Birmingham, MI: "Mr. O'Reilly, you are extremely arrogant about mental illness and disorders. You cannot say the Stockholm syndrome is not real."

Jim Swanson, Tupelo, MS: "I agree with you, Bill. Patty Hearst was not brainwashed. I actually saw her during her 'kidnapped' period and she looked like she was having fun."

Chantal Whittington, Houston, TX: "We should stop the media reporting on Shawn Hornbeck. It is a private and painful situation."

Kathy Swenson, Buffalo Grove, IL: "Bill, I just sent e-mails to the governor of Vermont and both senators. These unspeakable crimes against children in Vermont are horrendous. God bless you for putting a national spotlight on the problem."