0 >> tomorrow we're going to name our piers morgan live top ten moments of 2013. we need your help. vote for your favorite at piersmorganlive.com. funny ones and ridiculous ones, too. star jones helps me break down the year's highlights. tonight on "the 11th hour" more the outrage of duck dynasty comparing same-sex relationships to beastialit y. nice. good evening, everyone. the so-called affluenza killer, 16-year-old from a wealthy family who got probation because the judge was persuaded that being a rich child explains manslaughter. now the law is taking another shop at giving him jail time. breaking news tonight in that war of words between india and the united states. indians are burning american flags. the indian government has stopped protecting the u.s. embassy against possible attacks. believe it or not this international incident started with a nanny in new york. the next thing you know, a diplomat is strip searched and things came unglued. later as a woman comes forward to claim her share of that massive lotto jackpot, two former winners tonight talk about what's in store and why getting rich quick is sometimes no prize weempblgts begin with a story we first reported last week that outraged a lot of people. tonight a new development. a new effort to put a killer behind bars. because whatever else you think of ethan couch, he is a killer. four times over. he got drunk, extremely drunk, and rammed his father's pickup into a broken down car on a road in texas in june. he was three times over the legal limit. only in his case at age 16 he wasn't even legal to drink in the first place. he was convicted of manslaughter but sentenced only to probation and rehab and likely going though $450,000 a year california facility paid for by his family. the judge, buying a psychologist's testimony that young ethan was suffering from something called after flew enzarks the idea being that his wealthy parents had so completely endulged his prior bad behavior he was incapable of paying consequences for his actions. he killed four people, including eric boyles wife and daughter. >> the message has to be that money and privilege can't buy justice in this country, that it's not okay to drink and drive and kill four people, severely injure another and not have any consequences to that. that's not the american dream that we grew up to participate in. and i just don't understand it. >> not many people do. they simply don't understand how getting away with things as a child entitles you as a young adult to not go to prison for killing people. last week the psychologist in question came on the program and as you'll hear, could barely bring himself to concede that ethan couch killed anyone. >> if you commit a crime, if you kill four people, you can't use that as an excuse, can you? >> no. and the term -- when you use the word "kill" and people out in america hear that, it implies that there was motive, that the mottive was not good. >> are you saying he didn't murder -- kill four people? >> yes, he did not murder four people. it's a legal term. >> okay. but he slammed his truck -- >> first degree homicide and involuntary manslaughter are different things, anderson. >> he killed four people, yes? >> four people died. >> four people died, he says, as if they slipped away quietly at home in their beds. four people died because ethan couch, got drunk, got behind the wheel and killed them. now facing enormous backlash at the sentence, texas authorities are trying to put him in prison in connection with the two other people who did not die in the incident. they were in the back of the pickup. they begged him to slow down reportedly. instead he sped up. sergio molina and solima soliman mohmand. sergio molina was paralyzed, can only communicate moving his eyes. >> tell me about sergio, what kind of boy he is. >> he was the best boy. he was that kind of boy with a lot of dreams. he was -- well, his first dream was to be a soccer player. he was sweet. i mean, he was -- >> he's lucky he has you. you need to hear that from people like me, outsiders. do you realize that? >> yeah. >> he's lucky he has you and his siblings to take care of him, right? >> yeah. >> well now sergio and soliman's story will be the focus of the new legal effort. ed laugh lavendera joins us now. >> do people think this will actually work this new tactic? >> reporter: what the d.a. in ft. worth, texas is trying to do is get ethan couch, 16 years old, sent to jail for those two intoxication assault charges. they're arguing that what the judge sentenced him to was the intoxication manslaughter charges. so they're going to try again with this. but many legal analysts i've heard talk about this throughout the day today say simply this is just a long shot at best. if the judge gave him probation and rehab for four manslaughter charges, how could she go above and beyond that for two lesser charges? >> is this move just a political one from the d.a. given there's been a lot of outrage about this, trying to show they're doing something? >> reporter: well look, the fact of the matter is district attorneys in texas and most everywhere else are elected officials. so they're very atuned to what people are saying about this. so clearly they get it that many people are angry about this sentence. but they're also not happy with the way the sentence came down. they would like to see jail time so they're going down this avenue now. >> they had originally argued for a 20-year sentence. that was the maximum that could have been gotten. what about the judge? has she given any sign she feels public pressure to change course in any way? >> reporter: not a bit. in fact, judges here in texas -- are elected as well. but she is we're told not seeking re-election next year. we've put in numerous calls, cnn has tried for the better part of the last week to get in touch with her to see if she has any comment to explain the rationale behind all this and we have not heard back from her. >> the victims' families have filed lawsuits against the couch family for their son's actions, right? >> reporter: yes. gary tuchman spoke with sergio molina. his family has a million dollar lawsuit against the couch family. they say they've already racked up in the short time since this accident happened and he has been comatose essentially is they've racked up more than $1 million in medical bills in the last several months and this is the way he'll be for the rest of his life. they're looking for money to be able to cover those expenses. >> i know there'll be other lawsuits as well. i want to bring in former federal prosecutor sonny hostin and criminal defense attorney mark geragos. sonny, do you believe the d.a. has a shot? to ed's point, the judge gave probation for four manslaughter convictions it's unlikely she'll give a greater penalty in a lesser offense. >> i don't think so. i think you have a disparity. this is a gift for this judge. people are calling for her removal. i think she should be removed. this was borderline an illegal sentence. it was way too lenient. the gift the prosecutors are giving her is another shot at doing the right thing. mark geragos is never going to admit that i said this initially. a creative prosecutor is going to try to right this wrong. i think the sentence could have been appealed. the prosecutor's office doesn't think that. but now they're finding another way to bring this young man to justice. the cure for affluenza is prison time. that is what he should get. he's exposed to about three years per intoxication assault, and that is what he should get. >> mark, is this justice or do you think it's just politics? >> this is not just politics it's a complete showboat by the prosecution, they have no chance legally unless they want to undo 200 years of jury is prudence. once he's been sentenced it's the same act. all of these injuries took place out of the same act. there is -- i hate to use this term -- but legions of cases. you can't go back and then serially prosecute something. once he's been sentenced for the same act. they knew about it. not newly discovered. let's get some of our terms straight. this kid is not eligible for prison. this kid is at most or was eligible for a juvenile justice system with a max of three years until he was 19. the prosecutor has no ability as i said before to appeal this. they're just doing for what lack of a better term a showboat. >> it's not a showboat because they asked for 20 years. >> plenty of kids if they don't have money get sent to the juvenile justice system. >> and when they become adults they're sent to the adult system. >> no question he could have been sent to the juvenile justice system. >> there are rehab facilities inside the juvenile juistice system. >> yes. but without pillorying this judge -- she's well thought of. >> except that she sent a black kid who punched someone and that person fell and died, she sentenced him to ten years in prison. >> ten years. >> ten years in prison. this kid that killed four people gets off. >> i could take judge after judge after judge, prosecutor after prosecutor after prosecutor where there's disparity because of race and means. what i'm telling you this should be a pivot point for a discussion as to why we don't have the rehab facilities, why we don't have the juvenile justice facilities to handle somebody like this. because i think what she was thinking is she took a look at this kid and said, he's never going to survive. >> who cares if he doesn't survive, mark? that's ridiculous. >> then why don't we give him the death penalty? >> it is interesting. i've heard a lot of people on this program who are supporting the decision of this judge concerned about this kid's survivability in prison. i don't hear a lot of people saying, wow, i'm worried about this young african-american defendant and how he's going to do in prison. >> that infuriates me you have the guts to say that. the juvenile justice system -- who cares he doesn't do well in prison? he's not supposed to do well in prison. >> stop misusing the terms. he's supposed to go to a juvenile justice type facility. the whole idea of the juvenile system is rehabilitation. if you want to put him in prison you have to make him an adult. that's why we have direct filing. now when sonny says i'm the one who's not talking about racial disparity -- >> you talk about it all the time. we talk about it all the time. i'm the one screaming at the top of my lungs there is a disparity in the criminal justice system. >> isn't this an unjust sentence then? >> it is unjust when you put it side by side with the other kid. but does that mean that we're going to go back and throw this kid under the train tracks? and if you say who cares? i understand that. then give him the death penalty. >> okay, we got to leave it there. good discussion, mark geragos, thank you sonny hostin as well. let us know what you think. let me know on twitter. coming up, breaking news, a diplomat's wounded dignity. the u.s. attorney's office is responding. does her detention and strip search expose a double standard? they're freak out on it over their home country of india. dropping the guard at our em ba embassy. blockbuster the phone spying program exposed by edward snowden, a hand-picked white house panel said it has not prevented any terrorist attacks and needs to be reined in. glen greenwald and jeff toobin face off next. ♪ ♪ [ male announcer ] own your obsession with the exceptional values during the season of audi. visit audioffers.com today. ♪ visit audioffers.com today. life's an adventure and it always has been. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. 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[ whispers ] get eight hours. ♪ [ shouts over music ] turn it down! and, of course, talk to farmers. hi. hi. ♪ we are farmers bum - pa - dum, bum - bum - bum - bum ♪ breaking news tonight in a diplomatic uproar between india and the united states that could be putting american lives at risk. american lives, indian pride and one diplomat's dignity that was strip searched. a u.s. attorney involved in her case tried to tamp down the outrage. burning the flag in india. u.s. embassy in india no longer protected by indian security forces. they pulled out. the united states needs to be reminded said one official that india cannot be treated in this manner. that official is talking about the detention and strip search of india's deputy consul general here in new york. first deborah feyerick on how we got here. >> reporter: as she left the indian mission in new york city wednesday, devyani khobragade offered no comment. the deputy consul general was charged with making false statements on a visa application she submitted on behalf of her nanny. the diplomat was arrested near her daughter's manhattan school and handed over to u.s. marshalls. she was strip searched and put into general population with alleged criminals. she was given no special status since the charges related to her personal life and not her consular functions. according to the criminal complaint, the diplomat said the nanny would be paid a minimum wage of $9.75 an hour. instead, the nanny says she was paid just over $3 an hour. that amount is three times less than new york's minimum wage. however, it's about three times more what the average domestic in india makes. >> the allegations are that the dr. khobragade lied to the federal government in order to obtain an a 3 visa to bring her domestic worker here with no intention of paying the required wages for the hours she requested. our clients who work as domestic workers are living in the home with their employer. so if they leave, they not only leave their legal status, they leave their only source of income. they leave the only home that they've known in a foreign country. so this is more than a labor dispute. >> once you hand someone over to the marshall service, they are being arrested. and there's no door for rich people and no door for poor people. everyone is arrested. everyone is equal before the law in the united states. >> reporter: martina vander berg has been tracking alleged diplomatic and consular abuse cases for the last decade. >> what's different about this case? the state department and the department of justice stepped up and actually took these allegations, investigated them thoroughly and decided that they had enough information, enough evidence to indict the case. >> reporter: according to the criminal complaint, the 39-year-old khobragade agreed to pate nanny $4500 a month. however, a lawyer for the diplomat says that figure was dr. khobragade's salary, not the nanny's. >> she'll be completely vindicated. >> reporter: lawyers for both the diplomat and the nanny say attempts to resolve the dispute financially were unsuccessful. >> was this an attempt simply to get a green card? >> i think that question has been asked. there are other avenues for immigration relief other than putting yourself into a situation where you're going to be exploited. >> so deb, the u.s. attorney just a few minutes ago responded to the whole thing. what did they say? >> reporter: he responded with very strong language. they are saying this diplomat was not treated unfairly. in fact she was treated with a fair amount of deference when she was strip searched she was done by a female deputy marshall. however, they say that's not only for her protection but also for the protection of other people that she might be put with. that's just standard procedure. but he said she was not arrested in front of her children, she was not handcuffed, she was allowed to make numerous phone calls, including to arrange childcare. he also came out very strongly saying look we have to focus on the victim and what was going on. the victim's family has now been brought to the united states. that's because there was retaliation against the family. legal proceedings had started in india, but in addition the family was trying to get her to return back to that country where really she would have no legal rights. also just keep in mind that cobkob khobragade coerced the nanny to sign a second legal document after she had gotten the visa. while the nanny agreed to come here and be paid new york's minimum wage of $9.75, her employer forced her to sign a second document saying she would agree to $3.30 an hour. so very different. and that's where the fraud comes in that's where the charges against this diplomat factor. >> deborah feyerick, appreciate the reporting. late today we learned that secretary of state kerry spoke with india's national security adviser expressing regret for the incident. the question is how that might play in india. that's unclear. what we do know this is now a real international incident. security being pulled from the u.s. embassy in delhi. cnn's international malika kapur is there. >> this has evoked harsh words of retaliation from the government. i heard one minister saying they should arrest same sex partners of u.s. diplomatic workers because homosexuality is now illegal there. >> reporter: that's right. a member of the opposition made that comment a day or two ago because really there is such outrage in india over the way the diplomat was arrested in new york. the way she was arrested during a school run, and the strip searching, that has really really upset people over here. people here, the government has called the incident barbaric and even the indian prime minister who's usually very careful with his words, he is a mild-man nerd man, he spoke outside yesterday calling the incident despicable and deplorable. a huge amount of outrage in india. is india restallating? yes, they are. they've introduce add number of measures. they've taken away the identity cards issued to consular staff after u.s. here and various cities across india. what that basically means they're stripping a way some of the diplomatic privileges these people enjoy such as access to airport lounges. they've also removed some of the concrete barriers outside of the u.s. embassy in new delhi. the police say they've removed them because this was a friendly courtesy they had extended to the embassy. it was never a diplomatic requirement. and it insists that all all u.s. embassy staff members are safe. >> thank you. with us tonight is the gateway house indian council on global relations and a columnist for the an indian newspaper. >> you're saying this is a classic case of double standard when it comes to the indian diplomat. >> it's a simple thing. when americans are serving abroad as diplomats, they expect a certain level of treatment. and they insist on it. when they get into trouble with local laws, they are treated very differently. sometimes they are whisked out of the country, even when they've been involved in really serious crimes. but when it comes to diplomats from other countries, they seem to be very helpless and they say it's our law. >> to compromise, though, the security of the u.s. embassy in new delhi as retaliation, is that a productive way to address the situation? >> no, it is not. and i have criticized it in my writing and in social media as well. i don't think that's a very good move. i think both sides need to calm down and work out a solution. but at the same time it cannot be denied that the outrage in india at the way the diplomat was treated is very strong. >> asim, you say that what's being lost in all of this is the plight of this domestic worker. >> that's an issue that has not been discussed much. although there has been talk about the fact that the u.s. state department actually arranged for her husband and child to come here. we haven't heard anything about her situation and the fact that she was -- we know that she was work under some very difficult conditions in terms of the money that she was making. there were apparently two contracts that were signed by her and her employer as the u.s. attorney's office says. the first contract said that she would get $4500 per month, which is a decent amount of salary to earn in new york. the second contract said she would get 30,000 rupees. that's actually a substantial amount for domestic help in india. in fact a lot more -- most domestic helps actually get half or a third of that. but when you convert 30,000 rupees into dollars, that amounts to $500. there's been a lot of protest in india. i personally believe they're really politically motivated. we have elections coming up in may. >> you're saying that's behind a lot of this? >> it's very clear. because there was a u.s. congressional delegation that just visited new delhi yesterday or the day before and the leader of the communist party who's going to be presumably the prime minister candidate of the party as well as the prime minister candidate of the opposition party both have refused to meet the u.s. delegation. and to me it's clearly this becomes an election sort of a statement they're making. that look, we are standing up against the u.s. >> while i agree with aseem that a little bit of politics is coming into it because we are in election season, but that applies equally well to u.s. diplomats who should have read the situation a little better. i think the bureaucracy in the united states treated this whole thing in a very unthinking manner. the relationship is an important one. we are strategic partners. we express love for each other all the time. but you can't allow something like this to come in the way, then they should have been on the ball and they weren't. >> aseem, appreciate you being here and -- you as well. just ahead more breaking news, the panel charged with reviewing the nsa's controversial spying activities exposed by edward snowden in a panel set up by president obama basically agrees with him on many counts, is calling for sweeping changes at the agency. also ahead, the winners in last night's megamillions drawing might want to listen up. i'll talk to two former lottery winners. one man says it ruined his life. 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