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Like a chicken with your head cut off. >> probation officer gordon fleming is convinced morris requires more time in the care of the state. his attorney will fight to see that morris gets what he wants, to be released home. but it is judge mary beth bonaventura who ultimately gets to decide morris' fate. >> sir, i think i understand your testimony to be that because morris is not as available or participating with these services, to the extent that you think appropriate, that he should just remain locked up? >> well, i'm basing that upon him running away from home, his mother not knowing where...

>> well, that's one of the issues, yes. >> okay. that's all i have, judge. >> anything else mrs. kusick? >> mr. fleming, just to reiterate, the main issue is you fear that mr. morris won't be present for future hearings? >> yes. >> and that's based on his past behavior? >> absolutely. >> no further questions, judge. >> morris, when you didn't come to court on july 24th, did your mother come? >> yes. >> have there been other times when you leave the home without your mom's permission? >> yes. >> when you go to school, do you go to school every day? >> yes. >> your attendance is perfect? >> yes....

But there's no question that as morris' advocate that i want him to go home. and my preference is that children should be home with their parents. as opposed to, you know, detained at a detention center. >> you know you had a court hearing and you didn't even come? >> i was scared. they said they were going to give me two years in placement. >> so you were a run away. i'm not going to recommend that you go home. i'm going to try to keep you staying here so we can work something out. >> it's not going to work. >> come on. something's going to work. let's go back. you're not going to run around ...

well welcome to "red eye." it is like dude where is my car if by car you mean clothes. now to andy levy for a pre game report. >> coming up on the big show, scott brown and martha coakley, who were the big winners and losers in the rase for ted kennedy's seat. beats us. and a british dj is in a spot of bother while playing a certain van halen song as police try to stop her from jumping off a bridge. and jay leno gives his side of the story and conan gets a pay day. the latest between the chin and the forehead straight ahead. >> thank you, andy. >> prepare yourself from mc terror and ...