scene of the alleged crime. >> hernandez described to the detectives how he lured young etan from the school bus stop. at west broadway and prince street. with the promise of a soda. he then let him into the basement of the bodega, choked him there and disposed of the body by putting it into a plastic bag and placing it into the trash. >> earlier today a law enforcement source said that hernandez was interviewed briefly years ago in connection with the case an that his claims were being treated with skepticism. tonight, pedro hernandez under arrest for the murder of 6-year-old etan patz, 33 years ago. susan candiotti is you knowing us live along with jeffrey toobin and lou palumbo. what other details are the police giving about this guy, pedro hernandez, and how this alleged murder took place? >> reporter: you know, anderson, this case just continues to be a real stunner. what we're hearing about this man is that as you indicated, he worked as a store clerk in this bodega and that he lured the little boy he says with a promise of offering him a soda drink and he brought him to the basement and then strangled him and then put him into the trash bag and brought it out a block and a half away from that store. and apparently then in the ensuing years as you indicated, i have a law enforcement source telling me he was briefly interviewed by the fbi. he had -- and police are now saying he was not interviewed at all at this time. however, the question is what is happening now because we just got a statement from the fbi and anderson, this is very interesting. despite the fact that the police are saying that he is going to be charged by the district attorney's office tomorrow, on second-degree murder, the fbi is saying this case isn't over. in their statement the investigation into this case is active. does that mean they don't buy this confession or that it simply is because he hasn't been formally charged yet that it's still open? >> lou, what do you make of this? if it's true that hernandez did do this and left him in a garbage bag out on the street, i mean, this was a huge case in new york city at the time. i would have thought they would have searched -- i mean, if it was only a block and a half or even a garbage routes they would have checked to see if garbage is picked up. >> that story is problematic. we do canvass areas. number two, by the second day the decomposed body, even if it was the back of the garbage truck, the reek of smell -- i mean, i have walked up on dead one, it's overwhelming. you can't miss it. as far as the fbi and their position, i'm concerned as to how much pressure the police department is yielding and trying to resolve this case, number one. number two, have they taken into account the emotional state of this individual? have they had an opportunity to polygraph him? what is it that gave them such footing that they charged him with murder in the second degree. >> what do you make of this, jeff? >> first of all, we grew up in this city. this case transfixed the city. it is hopeful to think that it's resolved, but the question of what -- how he was treated 33 years ago, was he interviewed? if he wasn't, why not? he was right in the area. and, you know, a bodega, a little store would be an obvious place that a little kid might be interested in. so the question of whether he was interviewed and what his status was. >> there's conflicting reports about that, because there are some published reports saying his family had contacted the authorities 33 years ago because of comments he made and that they commented them this time. >> and the question is what made them believe him this time? another, you know, thought that i think popped into a lot of heads, that lunatic who confessed to the jonbenet ramsey case a couple of years ago and everyone took him seriously until the case fell apart. is this another crazy person who is attracted -- >> absolutely. people come out of the wood work. you know, it's a combination of not having a life or having some type of high-level of dysfunction and wanting to obtain notoriety. you need to vet the people and taking this guy on a statement of this nature, i'd really want to do some type of psychiatric profile on him to determine if he's capable of having a conversation. >> because there's no physical evidence. >> and kelly said they have nothing except for this confession. now, that may be enough. it may be an accurate confession. he may have disclosed facts only a killer would know. if it's a generic confession -- >> susan, this story made headlines a month or so ago when there was renewed interest. they cordoned off the whole block. they re-examined a basement in the building where the patz family lived. did that attention that the story got a few weeks ago, did that have anything to do with hernandez being refocused on? >> reporter: you know, that did have something to do with it. according to commissioner kelly and other sources i spoke with, that publicity prompted a tipster and that person is not being described as a relative. who reached out to police and said that this is someone that you need to talk with because this person has told me that he did something bad and actually confessed to the crime and that's what prompted police to go out and interview him again and they tracked him down in new jersey, anderson. >> are they suggesting he confessed to this crime to the individual who was the tipster? >> yes, that's what kelly said. >> and the other part of this dynamic is what if he decided to turn around and recant his story and he hinges it on the fact he's not emotionally stable? >> i mean, if his story is true and this poor little boy was put into a bag left out in the street and picked up by garbage collectors and taken to a dump, i mean, there's no way of tracking that. >> nothing. at this point, you couldn't track down, you know, a garbage collection from 33 years ago. that's why they were digging up the basement. if he was buried in the basement, you could find dna evidence in the basement. if he's taken away it's impossible. >> the whole concept he discarded him on the curb in the plastic bag, we understand what the demographic is. believe me, if they picked up a child's body they'd know what it was. >> you can't underestimate how big of a story this was in 33 years ago. i remember this as a kid, this was everywhere. everywhere. everybody was interviewed in that entire area. >> it went on for months and months. he was the first child as was often said put on the milk carton. that have the degree of attention. his father was and is a professional photographer. so there were all these beautiful, beautiful photographs of etan that were everywhere. it was before the internet of course. but you could not be unaware of this case if you lived in this part of the country. >> the other dynamic with this case is that children being taken off the streets in new york, this is an anomaly. this happens in california. this happens in florida. it doesn't happen in new york. so with -- >> because so many people watching. so many people around. people see this. >> we weren't into the camera systems like we have today, the store front cameras that everyone has. the notion that a child is taken off the street is really tough to take in. it's not like california where they snatch these kids or florida. >> susan, tomorrow, what happens? >> reporter: well, tomorrow, it's expected that this man will make an appearance, very first appearance in court. and may be formally charged by the district attorney's office. it's up to the prosecutors in this case to file the formal charges. that would likely prompt a grand jury to get involved as investigators continue to work through this case, to see whether it winds up with an indictment. i mean, remember what happened -- what has happened in other high profile cases such as dominique strauss-kahn where he was initially arrested and then prosecutors backed away from the case. some people are saying that this is very solid case, some sources i spoke with. yet, i have others who are saying that they are approaching this with a high degree of skepticism. >> the other thing jeffrey pointed out earlier in the discussion, i understand that this man has been mirandised. the other question is has he lawyered up? through the whole process. because that's going to have an impact offed a missability of statements. >> thank you very much. let us know what you think. i'm on twitter, tweeting tonight. the massachusetts senate took a step toward outlawing a treatment to for teenagers with violent outbursts, a center that we have been focusing on -- that uses electric shocks against these young people. it's on the place in the country where we know that do this and to many people, to some people who are opposed to the center, it looks like torture. >> no, no, no! >> this teenager was shocked 31 times over seven hours. the school that shocked him has had repeated efforts to shut them down. keeping them honest. how did i get here? 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[ male announcer ] ask your doctor if chantix is right for you. keeping them honest, a report about a school store autistic students. it's called the judge rotenberg school in massachusetts. it is the only school that routinely uses shocks to handle the students. they come to the school from more than half a dozen states. the cost to taxpayers, almost a quarter of a million dollars per student per year. i want to show you a video that they tried to keep it secret for years. we do think it's important to see little bit of it. it shows a student being shocked 31 times over the course of seven hours. [ screaming ] >> his name is andre mccollins. while being shocked he was at one point strapped down. his mother said he was punished for not taking his coat off when asked. she said she was catatonic afterwards. you can see where he was burned from some of the shocks. some of the students do have histories of hurting themselves or others. some say that the treatment is the only thing that keeps them from hurts themselves or other people. the school was using skin shocks on students quote, for behaviors that are not aggressive, health, dangerous or destructive, such as nagging, swearing and failing to maintain a neat appearance. the report said the skin shocks raised health and safety concerns. about half the students wear the electrodes attached and that they carry in the backpacks. when they misbehave, it's delivered by remote control. as recently as two days ago, the school used the word approved on the website. we called the fda. they told us they cleared an earlier version of the device back in 1994, but they have never approved it. in 2010, inspectors found they were using a more powerful version of the device. as a result, the fda said that the device was no longer cleared under the ruling. now the fda claim has been removed from the website. they told us after they saw the report two days ago they realized it was an inaccurate claim. okay. the last year massachusetts adopted regulations banning the use of skin shocks and other so-called aversive therapies, but they carved it out for those enrolled before september of 2011. today, the state senate turned the regulations into law and the bill passed in the senate. it hasn't passed in the house. joining me is the bill's sponsor, dr. joyce and one who serves on the board of the american academy of child and adolescent psychiatry. senator joyce, a lot of people don't understand why in 2012 a school in the united states is allowed to electrically shock disabled students when prisoners aren't able to be shocked who are murderers who are unruly. how do you explain this? >> i can't understand it either, anderson. it's 2012. this is a progressive state. this would not be allow to the most heinous of criminals. if osama bin laden had been caught alive, we could not apply the same torture to him that we're now applying to innocent and disabled children in massachusetts. it's an absolute disgrace. >> dr. krause, i have talked to parents who are against this center, but i talked to parents who say, look, this has saved my child's life. this has, you know, they were rejected from all other places. my child was banging their head against the floor, was going to wind up dead and this has allowed my child to live. to them, what do you say? >> you know, every parent that has an autistic spectrum child looks for a magic way to try to help them. they'll find somebody and they'll believe in them. whether there's any scientific basis behind it or not. i find it very difficult to believe that these kids can't be helped in other programs. i work in a residential program that takes care of high-functioning autistic children, i work in a day school which has lower functioning autistic children. i have spent most of my career with a huge variety of autistic kids. the concept of using aversive therapy in these poor kids that have essentially no voice is simply barbaric. these types of adverse types of treatment approaches, they were used before medications existed. before a lot of other treatments existed. before occupational therapy worked with the kids. at this point in time with all we have available to us to help these children, this is just simply wrong. >> the center says, doctor, that -- well, look, shocking these kids is better than doping them up on psycho tropeic medication, where they gain weight and they're at health risk long term. >> you know, they can use any justification that they want. first of all, you know, it's not just medication. when you work with these children, it's working with intensive speech and language therapy, working on positive behavioral plans, working on ac tiveties of -- activities of daily living. helping them to express themselves. when they're anxious or upset about something, not being able to express yourself. imagine having that happen and instead of somebody trying to help you, they shock you. the concept simply doesn't make any sense to me. we use medications, any type of medication has a potential side effect. but these are medications that are fda approved with very specific purposes in helping kids. some of them do have weight gain as a potential side effect. but not all of them. >> and senator -- go ahead. >> if i could add, the doctor is exactly correct. this is based largely on a discredited pseudoscience from 70 or 80 years ago. it was used to -- and i say this in quotes here to cure homosexuality in the 1930s. to deaden hogs prior to slaughter. it's not been peer reviewed by any scientific or medical entity or individual with credibility. it's simply a barbaric, outdated practice which hasn't changed since the center opened as the behavioral institute in 1971. the initial question was a good one. how this practice can continue in the united states in 2012 simply defies logic. we have now passed the ban in the massachusetts state senate. my hope and prayer is that folks will contact the massachusetts house of representatives and ask them to join us in this ban. >> doctor, i mean, i have asked the school this multiple times, but if this works so well, why are they the only ones who use this? i mean, it doesn't seem like anybody else has adopted this technique. >> yeah. there are no other programs that i am aware of that use this. i think if you took a thousand people off the street, everybody would look and say this simply is barbaric, how can you do this? what i can tell you is when you look at really good programs that work with autistic kids, when you have kids that are behaviorally disruptive, when they might hit somebody, hit a teacher, the first reaction that the teachers give in easter seals in chicago are usually why didn't i pick up the anxiety? what was it that set the child off? what can we do sensory wise to help the child so that they'll get less anxious, be less behaviorally disruptive? what coping strategies can we teach the child? the reason most autistic children have behavioral outbursts, some level of anxiety. something as they perceive it. >> so does the shocking make the anxiety worse in your opinion? >> well, exactly. the concept -- the base problem is anxiety and then they shock them? makes no intuitive sense in the end. i mean, if anything, you know, how can this not cause some type of traumatic reaction? >> the other thing that's interesting is they have multiple electrodes on them and they don't know where the shock -- what part of the body they're going to get shocked on at any one time. which seems to only add to the anxiety. >> i mean, that just sounds absolutely frightening. frightening to me. >> senator? >> it is truly a house of horrors. it is just incomprehensible. i'm delighted you're giving it well-deserved attention. >> i appreciate you being on. thank you very much. >> thank you. a pleasure. well, up next, chinese dissident chen guangcheng first in depth interview since his departure from china. what he told me today about his detention and his future here in america. ♪ ♪ [ male announcer ] not everything powerful has to guzzle fuel. the 2012 e-class bluetec from mercedes-benz. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. >> announcer: this is the day. the day that we say to the world of identity thieves "enough." we're lifelock, and we believe you have the right to live free from the fear of identity theft. our pledge to you? 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[ kristal ] we're just taking a sample of all our different items in our festival of shrimp. the crab-stuffed shrimp are awesome! tequila lime tacos. [ man ] delicious! [ male announcer ] it's festival of shrimp! for $12.99 try any two shrimp creations like new barbeque glazed shrimp. offer ends soon. we're servers at red lobster. and we sea food differently. the blind chinese activist's escape from the legal detention in his own home, its plays out like a movie script. we'll talk to him tonight. he slipped past his guards, escaped into the night. now he's in the u.s. and talking to us about his ordeal, next on "360." ...the united states would be o