man, joseph ozment and served him with papers ordering him to be in court as well. they found him in laramie, wyoming and tried to flee. he tried to get away in his girlfriend and they served them with a sympathy. the pair were planning to get married and invitations gone out. there were hints of thinking of living on the land and not settling down. and there were hints they might have a small private ceremony to take place at an undisclosed time, date and location. attorney general jim lahood is joining us and no love lost and calls it political ly motivated and blamed the department of correcti corrections for blocking the pardon dons. making several claims that ""keeping them honest" does not stand up to the facts. first, about the murders. >> they live in the mansion or on the mansion grounds. for decades, our governor's mansion has been served primarily by inmates by the state penal system. almost all murderers, because experts say people who have committed one crime of passion in their life after they served 20 years and these served on average 20 years, are the least likely to commit another crime. >> there are two false statements. first, these killers all committed so-called crimes of passion, not true. certainly not true in the case of joseph ozment, who with a friend stuck up a convenience store and struck the clerk three times and then twice again. >> they said he was begging for help. they can't imagine how that feels. >> begging ozment. >> and then for him to shoot him in the head, to know that he was all alone, that's the worst feeling to know that you can't help somebody that you love. >> not a crime of passion. that's murder while committing another serious felony, a capital offense. joseph ozment pleaded guilty and testified against his partner and got life, then he got a trip to the governor's mansion and then got a pardon. let's say he had commit one of those so-called crimes of passion, whatever that means, say he shot his wife, like this man, anthony mccray, and shot her in the back after first going to get a gun. even there, hard to imagine crime of passion heat of the moment. just to say it did fit the governor's description crime of passion, would that make anthony mccray highly unlikely, as governor barbour claims, likely to commit another crime. i recently asked our psychiatrist. doctor, people say the experts say people who commit a crime of passion are unlikely to commit another crime. is that true? >> no. because passion is a crime of rage. if someone is rageful, they will commit a homicide. >> point one, the killers who made it first to the governor's mansion and then out the door, did not all commit crimes of passion, some as cold-blooded as they come and experts say the notion that a hot blooded killer will not kill again is not absurd. that's not all governor barbour said and doesn't match a fact check. he said they consulted with family members and people like tiffany brewer who lost a sister. >> he was in jail 18 years and 20 years old when she died and had her child laying in her arms when he shot her in her head. and he's pardon don't. >> is governor barbour going to pardon us for our aches and pains we have to suffer? is he going to pardon a child that had to grow up without a mother? >> what do you say to those people who have come forward? >> the family act he came and met with my lawyers two years ago, because they understood that if any of these men, including that one, successfully served at the mansion they'd been serving almost 20 years, of average 20 years, if successfully completed, they'd be pardon don't. >> "keeping them honest," brewer and ellis, joining us in a moment, said that meeting never happened. disspite repeated requests, governor barbour never met with them or consulted in any way. this man, gatlin, who shot and killed his ex stranged tammy ellis gatlin in 1993. >> the papers served on ozment missing for days, compelled him to show up for a court hearing and check in with the mississippi department of corrections, how will he enforce that given he's in another state and no longer in your custody? >> that's what's such a difficult part of this process, kind of like being on a man hunt with one arm tied behind my back. can't use the criminal justice process of apbs and warrants. all we have is a civil document we served him with. that is the most we can do. we can't treat him as an escapee. he has a document that says he's a free man as of now. if he doesn't show up in court, we will move to hold him in contempt. we have now served all five of those originally released and the court's order, the in ju injunctive relief requiring all five stay in prison until the court is able to make a decision in this case. >> ozment killed ricky montgomery over $60 while robbing a convenience store and shot him between the eyes and then shot him again and when the governor calls it crimes of passion and least likely to reoffend, what do you say to that? >> i've been a prosecutor for 20 years. crimes of passi passion -- manslaughter is what that's considered, not cold-blooded murder. many of these murders plan these murders. that's not a crime of passion as far as what the definition is under mississippi law. >> is the pardon system stacked in favor of convicts who have well-connected families and political connections or in the case of these killers, however they were able to do it, got a job in the governor's mansion and had contact with the governor? >> as far as trustees in the mansion, i'm not sure about that. if you look at the rest of the list of those who were pardoned, it does come from influential families, those that contributed to the republican party and to haley barbour in particular. he ran the office of governor as if it were mississippi in the 1950s. and used the office and the trustees and its just a throwback to the 1950s, the way he handled his administration and the way he released all these prisoners. >> the prison population in mississippi is about two-thirds african-american. according to reuters, about two-thirds of this people pardoned by governor barbour were actually white. do you believe is race a factor here? >> they didn't have as much influence, the african-american community and they didn't support haley barbour when they ran for governor both times. like some old political hack would call and ask and write a letter on behalf of somebody. some of them probably deserved pardon if they lived and exemplary life after they were released. some of them have horrendous records while they've been in prison. there were many undeserving. there's not any logical explanation other than it was just a whim and that's -- by doing it on a whim, at the last moment, that's how he violated our constitution, which requires 30 days publication in the piper in the county in which the crime occurred. >> i know you're not a fan of the governor, you're a democrat. he's a republican. he keeps saying all our experts say people who commit crimes of passion aren't likely to do it again. do you know what experts he's talking about? we haven't been able to find any? >> i think he's making th this -- it's the first time i've seen him in desperate dire straits. he tried to blame the lawyer that worked at the department of corrections. he's assistant attorney general. i released e-mails and texts our lawyer, november 28th, advised the governor's people they had to look at our section of the constitution and comply with the publication requirements. then our lawyer sends an e-mail to the department of corrections. we released all this to the media today, it's documented back to november 28th, told them what the law was. and somehow he's trying to spin it so hard he's in the area of false hoods. it doesn't matter. our constitution says the convict has to be published for 30 days and that didn't happen in 170 of his pardon dons. >> we will bring in the mother and sister of one of the victims. you and i have talked about this. this whole crime is a passion notion. what do you make of this? >> it's rooted in the idea a wife is a husband's property. in the old days, you would never prosecute a husband for raping a wife, never prosecute a husband for assaulting a wife. those crimes were considered private family matters. one of the ways the legal system has improved in recent years, we take those crimes seriously again. the idea that a perpetrator of a domestic violence homicide is somehow better or less dangerous than someone that kills someone in a convenience store is false. >> this guy ozment found in a hotel room in wyoming and not happy to have been served because he tried to escape in his girlfriend's car. this is a civil case. >> he probably could safely ignore that piece of piaper. the attorney general is going to mississippi and trying to get an order that says these pardons are invalid because of the unusual provision in the mississippi constitution that says you have to publish notice for 30 days and many will probably be invalidated. once they're invalidated, his pardon is no longer valid. then the attorney general can get an arrest warrant and if he can find him at that point, bring him back. until the pardons are formally invalidated and no longer in effect, i think ozment and the others are safe ignoring the court. >> i want to bring in the sister and mother of tammy gatlin. thank you for joining us and i'm so information for your loss and all of this new horror you're facing. governor barbour claims lawyers met with your family two years before david glenn gatlin's release. is that true? >> no. that's absolutely false. we have had no contact with the governor or his lawyers, any of his people. no one has made and attempt to contact us. >> betty, when you hear the governor refer to this as a crime of passion, what goes through your mind? >> rage. i mean, this is not a crime of passi passion, when somebody rents a car in georgia, buys a gun, drives to mississippi, stalks my daughter, and then shoots her. i don't believe that is a crime of passion. to me, that sounds like he thought about it a long time before he decided to do it, and that he had it well planned. >> did you know that he was working in the governor's mansion? >> we learned about it just by going on the internet and looking at his status from time-to-time is how we found out he was a trustee at the governor's mansion. at that time, the walkers and i attem attempted to have that trustee status revoked, but they didn't want to talk to us then either. >> and -- do you clearly believe that the governor broke the law when he pardoned these men? >> yes, i do. >> tiffany, due as well? >> yes. most definitely. he completely ignored the amendme amendment, the law in there, 124. it says it plain as day. any idiot can read it. he ignored it, when chose to ignore it. so, yes, he broke the law. >> when you think that this man now is out there and on the loose in wyoming, wherever he may be tonight, what do you want people to know about him? how does that make you feel to know he's out there? >> david is actually in alibaster, alabama. so i want them to be aware, he is a murderer. he -- you know, whoever tammy would have been with that day, he would have killed or attempted to kill. he came to kill tammy, and i believe, in my heart, once a person has murdered somebody, they have that power. you know, if somebody makes him mad enough, he'll do it again. >> you're obviously hoping david gets sent back to prison? >> yes. most definitely. >> most definitely. >> this man -- >> go ahead. >> he got life plus 30 years. you know, and he served 18 of them. my sister lived 20 years. it's ridiculous, you know. it almost makes you -- haley barbour obviously did not even open the case to look at the detective work and the things that were said. i mean, he actually told somebody before he came to do this, that he was coming to kill her. >> betty, why do you think the governor did this? >> my real gut feeling is that it was a power thing with him. he did it because he could do it, and he wanted to. i don't know if it made him feel good that he was helping inmates get out of jail or what, but i think it was a power issue with him, just to show that he had that power and he was going to use it. >> miss ellis -- >> he didn't think about the -- >> go ahead. >> the victims and everything that was going to be affected by this or anything. >> he didn't think about your daughter? >> no. he didn't think about my daughter, that had been gone and none of us will ever be able to see her or hear her or talk to her ever again. he didn't think of any of that. you would have thought that being a father, that might have crossed his mind. >> miss ellis, we're going to continue to follow this, continue on this, miss ellis brewer, thank you so much. i know it's not an easy thing to talk about. thank you for talking about your daughter and sister tonight. jeff toobin as well. add us to your circle, on google and facebook. i'll be tweeting tonight. in next, with the florida primary just hours away, breaking news, a possible shift in newt gingrich's campaign strategy and how brutally serious dictatorship is now cracking down and the death toll in one day is staggering. >> anderson, what happened on i-75 in florida is almost beyond description. a wall of smoke, massive wreck, deadly fires, nothing short of a nightmare. late details tonight on what caused it when "360" continues. you bought your edge? 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>> reporter: hi, anderson. i was just with newt gingrich's campaign in florida. there's a lot of romney friendly states in february and has the money and organization. hammond told me they're going to down play significantly expectations in nevada and michigan, two romney strongholds. in michigan, romney's native state. his father was governor and he won that state in 2008 over john mccain by a substantial margin. in nevada, romney has been organizing there a long time as has ron paul. again, tough states for gingrich there. he tried to shift the emphasis to arizona, which is a winner take all state, along with michigan, the only winner take all state in february and this spokesperson told me they think this is a state that has a strong tea party grassroots conservative presence that can really play well for them. february is a tough month for them. ultimately looking to march, michigan and nevada not ranking very high on the gingrich priority list right now. >> but he's still standing by the notion, he will stay in it until the convention? >> reporter: absolutely. their rationale here, they're looking toward march. march is when you have the states where delegates are awarded proportionately. if you win 30%, you will get 30% of the delegates. the gingrich campaign put out a memo last night looking at and pointing to march and saying even if romney wins florida he will have barely gotten 5% of the total delegate you need to win. you need 1,441 delegates, a long hall and reminds me of hillary clinton's campaigning against barack obama in 2008 and suffered a lot of loss and had to wait until march until she was competitive in places like ohio and pennsylvania more friendly to her and gingrich is looking at a lot of southern states for him in march where delegates will be rewarded proportionately. >> peter, i appreciate it. >> reporter: and make a run at it for june. >> now, the fight for florida. on the eve of the primary, with 50 winner take all delegates at stake, romney and gingrich are campaigning. romney ahead in the polling at 43% among likely republican primary voters, gingrich trailing behind, 29%. the latest national gallup poll, a different story showing gingrich and romney tied for the lead. let's talk about it with political contributor, ari fleischer and democratic strategist belcher. how do you think it looks for romney and gingrich? >> anderson, i think it's looking great for mitt romney because of the debates. that's been the driver for the primary election so far, opened up a lead after his big south carolina loss. i think mitt romney will win florida by nine percentage points, a good-sized win, not as big as other polls indicate because there's nagging conservative questions about mitt romney but it will be a very good night for mitt romney in florida tomorrow. >> cornell, a smart move for gingrich cede nevada and michigan to romney? >> i think it is. one of the beauties about the obama campaign early on how we were able to establish as the candidate early on, we took the grassroots and turned it into fund-raising. if newt gingrich can turn his grassroots conservative tea party network into fund-raising and match mitt romney where he's being out-spend, 4 or 5-1, he has a chance, particularly when it moves south. if mitt romney didn't like south carolina, wait until he gets a load of alabama, mississippi, tennessee, georgia, texas, et cetera. it's a smart move for newt gingrich and playing the long game here and makes sense especially when you look at national polls, he's basically tied. >> ary, do you agree with that? >> another reason especially nevada. four years ago, nevada republican turnout, heavily mormon, 28% property accident and 26% mormon. what you will see is opposite in the south, questions raised about can he do well in the south. arizona also has a significant mormon population. 11% of arizona's primary four years ago were mormon, a clear romney advantage there. it is smart for newt to narrow the playing field. newt will have a difficult february and mitt romney about to have a very good february because of states that vote in feb. it comes down to march. where mitt romney remains vulnerable, if this becomes a one-on-one contest, those nagging doubts conservatives have about his core convictions. with rick santorum staying in and newt gingrich staying in, you have a different race. i also think you could flip it. if newt gingrich dropped out, i think rick santorum would become a very formidable candidate against mitt romney. >> and santorum is hoping that might happen. looks like mitt romney is making progress with evangelicals, and even tea partiepartiers. what numbers do you think the obama campaign w