>> when an official from the fda tells me that there is an illegal product on the market and yet there is no jurisdiction to remove it, i don't get that. plus, a big thing a lot of people don't know about maggy, that and more as "rock center" gets under way. good evening. welcome to "rock center." we begin tonight with a story that is set in a beautiful place but it is really a story about trouble in paradise. it's a new and provocative take on how to keep a marriage together. the story you are about to hear is about a couple, not just any couple, who realize they were staring divorce in the face. it's what they did to save their marriage that some may find infuriating or just controversial or familiar. as you'll see in our report by kate snow in this household, boredom is not an option. >> in the realm of fairy tale

lives, volleyball champion, gabby reece, looks like she is in the cinderella category. a, she lives here in hawaii. she is 43, has two kids and still looks like this in a bathing suit. and c, in 1997, she married probably the most famous surfer in the world, laird hamilton. it is nearly nauseatingly perfect. >> we got married two years to the day we met. he built a platform and decorated it with flowers from the island. >> how did she look? >> that day? like she did that day like she does every day. specially beautiful. >> it sounds like a perfect day. so, naturally, everything was perfect from then on out? >> naturally, four years later, we were on our way to being divorced. >> wait, what? divorce? that's not how the fairy tale goes. in her new book "my foot is too big for the glass slipper" she makes it clear her life is too

far from the fairy tale. she lays it out as a guide for the less than perfect life. >> the point isn't for me to show you how great my life is. >> can i just say? look where we are. you are married to a stud. you have this amazing life. you are absolutely drop-dead gorgeous. so you do kind of go how can we, the rest of us, relate to you? >> those things make it easier for sure. i'm not going to fluff it out and b.s. about that but, really, to make it work, it is still about getting down and dirty about what we all have to do. >> you have to work at it. >> you have to work at it. it can be like it is so pretty out and you are so tall. i have had people say to me, you are both really tall and athletic, you are the perfect couple and i'm like, that's what makes the marriage work. come on, people. >> let's start at the beginning. here is gabby in the '90s captaining team nike at a pro-beach volleyball tournament.

a fierce, 6'3" athlete. >> she rocketed to the top on the cover of every glossy magazine, the first woman to have a nike sneaker named after her and began hosting a tv show called "the extremist." that's where this guy came in. >> laird likes his waves like i like my men, tall, really tall. >> she says, you can see them falling in love on screen. >> i was surprised how good balance she had for such a tall girl. >> they moved in together eight days later. >> my whole life went completely upside down. >> that's a little fast. >> i know. i have daughters and i have to remember that story. it is just awful. >> in hindsight, it was all a little too much too fast. >> we got a cram course in the relationship, because we were together 24/7. >> what made things fall apart? >> laird is intimidating. he is wonderfully charming e is an intense person, personality. i didn't fully understand it yet.

i thought when you love somebody, you don't say much and just keep everything smooth. >> you were holding yourself back? >> i was. my friends would come over and i would go, easy, laird is in a mood. >> at that time, she says they called you the weatherman. >> yeah, yeah. >> hot, cold, moods. >> yeah, yeah, that's not exactly easy to be in a relationship with. i think that's a little bit tough. >> as the resentment builds up, their communication crumbled and gabby filed for divorce. several months later, she had a change of heart. >> i think i groveled quite a bit. >> laird was kind of neutral. i think when i had the chance, i didn't speak up. i didn't communicate. i didn't say, this is how i feel. >> within two years, gabby was present and today they have three girls, bella, 17, from laird's first marriage. 9-year-old reece and 5-year-old

brody. her approach to parenting is no nonsense. her approach to marriage may come as a shock to some modern women. in the book, gabby writes, to be truly feminine means being soft and receptive and look out, here it comes, submissive. >> within the four walls of our home, i am clearly the female. laird is clearly the male. i am willing and i choose to serve the family, which means dinner and laundry and orga organizing his schedule as well as mine and i'm choosing this. >> you are describing really set gender roles? >> yes, they are. >> people might have a problem with that. >> i could understand why people have a problem with really set gender roles. i'm not going to wiggle out of it. >> if it makes people uncomfortable, so be it. >> my intention is to have a real open dialogue about something that is so fricken difficult to manage. a woman who has a husband to

encourage her to be strong. we have made it so complex. we are trying to to be the same. i don't think we are. i have lived such a hyper, dominant female life. i live with such a hyper, masculine guy that in-house, i have chosen the role of service. i have. >> while we're on the subject of making it work, gabby says, sex in marriage is not optional. >> it takes such a short period of time. >> oh, gosh. >> no, really. i don't mean that, you. >> think about how much time we spend doing e-mail, chit-chatting on the phone. it doesn't take that long. >> she basically says in the book that a woman should just take charge of this stuff. >> yeah. you guys got the keys to the gate. so, pretty much. >> that's true. >> she also says, by the way, in case you haven't read this part of the book. she says, every 48 hours. >> that's nice. >> it can be more often than that. >> but you come home at lunch like every other day.

>> laird will tell you, sex is like exercise, you never regret it once you do it. former proathlete or not, gabby will tell you, exercise is like sex, you are not always in the mood but you got to do it. >> i don't wake up flying out of bed in my lycra pants going, i'm so excited. i'm going to go punish myself. listen, it is a grind. >> is it too late to bail out. >> the woman known as the kill leader for all her boly bavolle spikes is taking me to her work-out. what startedous as a few friends joining her for circuit training is an old warehouse of people that follow her drill sergeant orders for a full hour. >> how do you feel? >> i feel better, really good. i look terrible but i feel great. >> gabby writes that women should stop obsessing about what they look like. >> easy for you to say, miss no cellulite.

>> listen, i have cellulite. i'm not big on saying this on camera but i have a little cellulite. >> men, she says, don't care about cellulite or muffin tops, they just want you to be, quote, naked and smiling. >> there is nothing, nothing less attractive than a guy feeling like he is trying to chase or beg his wife or his partner for some loving. it is so depressing. so you do not want to put your guy or your partner in that situation where they are kind of like, could you, would you give me a crumb? >> there is a section in the book titled, a word on cheating. gabby says, if there is a pattern of infidelity, it is over. she does believe in what she calls a get out of jail free card. >> i'm not talking about, like, oh, she was seeing a guy down the street for three years. i'm saying an incident, let's say, that i think forgiveness is a really powerful tool in a relationship. >> so you don't go there in the book but it begs the question.

have you guys had to deal with that? >> we have had to deal with a lot of things. when you talk to most couples that have been together for a long period of time, at some point, somebody is dealing with something. >> you have to decide, is it worth it to you to say, okay, a situation, something occurred and then you are going to say, we're just going to blow up this beautiful castle that we've built? >> what they've built is a strong family. maybe it is not perfect but that, they say, is what keeps life interesting. >> do you believe in happily ever after? >> i'm not even interested in happily ever after to be honest. that's not my thinking. peace is really important. knowing i did everything i could do. when i look back and i go, you know, did i try really hard? i did. >> okay, so, hold that thought. hold that conversation. kate snow, back from hawaii, is

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we are back. as promised, kate snow is here all put together with the provocative story of gabby and laird. we should say that during screenings of this piece, men and women and their spouses, our fellow employees were talking about this. they are still talking about this, highly controversial. when we were on the "today" show, gabby was on this morning. that created a whole dialogue out there on twitter and everywhere. this is tapping into a discussion that's already ongoing between men and women. how do you make your homework?

how do you make your marriage work? in our group as we were discussing, some people said, i can relate to her. i see where she is many couldco. i think some people can relate and other think it is offensive, special a word like submissive. >> the timing is interesting. here is cheryl sandberg with a book called "lean in." why now has gabby addressed that? >> i did ask her about "lean in." she hasn't read that yet. she had been writing a blog for a number of years. it resonated with people. a publisher came to her and said, you should put this into a book. she said, okay, yeah, i will. she genuine whether she says, i want this to start a conversation. i'm not trying to tell you how to live your life. this is what's working for me. if it helps you out there, great. the book covers everything from marriage to fitness to what to eat. it is a lot of different how-to,

as she says, live in the life you have, the what is. live with what is. >> in their world, they are a very public couple. she knows this will have consequences. >> we were the first she has talked to. she a couple of times says, gosh, i wonder how much trouble i'm going to get in to with what i've written. >> it taps into a flash point. that's a great conversation for people to be having. >> i'm sure the same conversation is going on with people that just saw the story. >> you are here watching and listening as well. >> if you want to share your point of view about what you have heard, hash tag "rock center" and we'll forward that. >> kate snow, thank you very much. just back from hawaii. appreciate it. when we come back are the cause powerful enough to cause a prominent and private woman to go public for the first time. one of my favorite quotes is, a lawmaker said, i do not support any immigration policy that would have kept my grandparents out of the country. at farmers, we make you smarter about insurance.

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welcome back. she is one of the least likely people to take a public stand or join in a demonstration on capitol hill. laurene powell jobs, wife och tof the late steve johns is intensely private. with the filmmaker, david gooun guggenheim, she went to washington to push for immigration reform. guggenheim is the man behind the oscar winning film "an inconvenient truth" and "waiting for superman." they screened this new film for congress, "the dream is now." >> i am undocumented.

>> i'm undo. >> her passion is the dream act. it addresses those brought to this nation as children opening residency if they serve in the military or seek higher education. we sat down with the two of them the night before their trip to washington, the award-winning documentary filmmaker and laurene powell jobs. she and her husband were married over 20 years and raised three children. she said she will not discuss her husband's death and will never discuss her husband's death because it is a private family matter. she would talk about all that he left us with. >> for reasons that are your own and you are entitled to for the rest of your life, there are subjects you don't want to discuss and i'm not going to ask. i'm going to ask you one question. that is about legacy. is there anything you would correct about your husband's legacy as it has been laid before us? >> well, i think steve has a public legacy and a private legacy.

in the public, we see the product that he created that he cared so deeply about that changed all of our lives the way that we function and communicate. what he wanted to do in his life was create tools that allowed people to work at the highest level. i think he did that. so that legacy is beautiful for me to live with. his private legacy with me and the kids is that of husband and father and we miss him every day. having kind of the body of work surrounding us is actually a really beautiful reminder. i find it touching and inspiring for me to make sure that i continue to do what i'm most passionate about. i hope my kids feel the same way. >> that's another way of saying we're left with a world of

really cool stuff. i always wanted to know what it was like to be a kennedy and drive to kennedy airport and what it is like to be you at a light and watch ten people cross and the only thing they have in common are white earbuds. what's that like? >> it's pretty cool. >> it's pretty cool. that changed our world. >> yeah. to do what you want to do, to leave a mark in a way that you think is important and lasting, that's a life well-lived. >> a pretty finite list of people who get to say that. >> so, you are entitled to your privacy. for there to be a vehicle to come along to get you to raise your hand and speak out, tell me how this issue came into your life through your work with young people. >> i've been working in education for about 15 years. i started an organization called

college track, which works with students who will be first in their families to go to and complete college. many of them are first in their families to complete high school. as i got to know the students, i came across the circumstance of undocumented students, kids brought to this country as youngsters who are raised as americans, who go to american schools and then when they graduate high school, they have no prospects in front of them because they are undocumented. i started getting more active around immigration reform because this is such a waste of lives, such a waste of potential, such a waste for our country. >> here you are from university of pennsylvania, stanford, a first-class american education. what you seem to be saying is, everything you were given and the opportunities you had should be available?

>> yes. i think that's why i can relate so personally to the students, because i understand that. i understand for me that school enhanced and even made my life. we think of college track as opening up a portal of opportunities for individuals so that they can become what they want to become. that's part of the american promise. >> more and more, brian, when i make my films, i make them about people i'm drawn to. my hope is that when we tell the story, people see the human lives are at stake. it has an opinion to it. >> oh, it has got a point of view. >> it has a point of view. i'm happy that the stars are aligning. i'm happy for these dreamers, because i think if it doesn't happen, what happens to a dream deferred? that langston hughes poem. there is jose, who we have in

this movie. jose was a top math scholar and dreamt of being a mechanical engineer. >> i have all my math, science, engineering books. >> he was awarded a full scholarship to arizona state university. >> i have my diploma over here. it has dust on it. >> whether jose graduated in 2011, there was a shortage of mechanical engineers in the state but he could not apply for the jobs his other classmates were seeking because he was undocumented. >> now, i'm working in stucco. >> he is working in stucco. >> what happened to a dream deferred? >> for me, the tragedy is that he had a dream to study engineering and he did it and he was successful and he dedicated his life and he used school to

enhance his intellectual capacity. he did everything that he was supposed to do. now, he cannot be employed in that field. that's where the tragedy is. >> let's roll the next clip. >> i was inspired by the courage. as a young kid, you always look up to heroes. i just needed marine clothes for me. >> he attended a public high school that was founded on the principles of the marine corps. >> everywhere we went, we would take first place overall. it was a good feeling. all the hard work paid off. >> first place. >> last year, alejandro was named city staff course for the entire city of chicago. >> it wasn't until when i was a sophomore when i took driver's ed, i can't get a driver's

license or have a state i.d. or get into the military. i had to fill in the space for social security. >> the marines want him. we need him. >> i have been around a lot of marines. this kid is a classic profile. he eats, sleeps, breaths marines. >> yes. my dad was a marine. >> tell the minds of our viewers watching you guys on a friday night. help us process this. how are we supposed to feel about their parents who did do something bad? this is ill-gotten gains. the first entry into this country was wrong. how are we supposed to feel about the bureaucracy that we would now have to have just to hand social security numbers to a marine or civil engineer? >> it is understandable that people are conflicted about this. yes, the parents broke the law. i think that's why congress is trying to find a way to make

amends. so have them pay a penalty. have them pay back taxes. have them wait for two decades in order to have the chance to have citizenship. there are penalties that can be brought out. then, you have someone like senator marco rubio who said, i understand why these parents came. if you are in desperate poverty, if you are struggling, if you would do anything in the world to get a better life for your kids, who are we to judge you so harshly? >> the other part is, we have allowed in our inaction, we have allowed this shallow economy to exist. your nanny may be a citizen but then you go to a restaurant, who is busing those tables? who is chopping those vegetables? all of us benefit from this. we are allowing this shallow economy to happen unless we step

up and say, let's fix it. i'm all for saying to businesses, you have to stop doing that. as long as we allow that economy to exist, it is all of us. >> what about the argument that not everyone will succeed and prosper, some people are trying to game the system. some will be a constant draw, a drain on the american economy, this won't be all net/net positive? >> i think it is for fear. i think it is cynical. >> one of my favorite quotes is, a lawmaker said, i do not support any immigration policy that would have kept my grandparents out of the country. i think that's a good rule. how about we agree upon what our common american values are, which is let's make this a true land of opportunity. we are also a land of rules and laws that should be enforced. let's fix this problem and then let's let people flourish. >> laurene powell jobs.

davis guggenheim here in new york with us earlier. you can see the entire documentary "the dream is now" sunday afternoon on msnbc. up next for us, the fda says a popular supplement used to boost workouts is illegal and its risks including a heart attack or worse. so why isn't it banned? dr. nancy snyderman investigates. favorite to take home. like new mezzaluna ravioli. so go for the food. go for the company. go for the breadsticks. go for dinner tonight, and take home a second entrée. new buy one, take one, just $12.95. go olive garden! time to get away... ...to the petsmart spring price break sale. get the lowest prices of the season.

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welcome back. yesterday afternoon, the food and drug administration issued a warning letter in advance of our next report. the fda wants fitness customers across the country to stop using popular dietary supplements containing an ingredient called dmaa the agency says the substance is illegal and brings with it the risk of heart attack or worse. the question, of course, why isn't the substance banned and

why are stores still able to sell it. dr. nancy snyderman investigates. >> doctor mike sparling was the eldest of four and dreamed of being a soldier. in january of 2011, at the age of 21, he enlisted. his parents, michael and leann, say he loved it. >> we were talking on the phone. he says, mama, this is my niche, this is it. this is what i want to do for the rest of my life. >> after basic training, private sparling was assigned to fort bliss, tegxas. on his first day, he went on a 3 1/2 mile training run in comfortable 70-degree weather. nothing compared to the typical ten-mile run. later that morning, leann got a call from the commander with some alarming news. >> he said, ma'am, is your son taking anything. he has collapsed and suffered a

heart attack. i said, is he doing okay? he says, well, we are working on him. i said, please tell michael that mom is on her way. i'm going to get on the next flight out there. he said, ma'am, you don't understand what i'm saying. your son is in cardiac arrest. we're performing cpr on him right now. i said, sir, are you telling me my boy is going to die? he says, you should really pray. >> as the sparling's prepared to fly to texas, leann called her son's commanding officer back. he said, ma'am, we've done everything we could to save him but at 11:17 this morning, he passed away. >> the sparlings were stunned. they could not understand how their healthy, young son died so suddenly.

later, they learned tests had revealed a substance in his blood, a dietary supplement. the sparlings say army doctors told him it may have played a role in michael's death. >> did they secure his room? >> they locked it down immediately and went in and that's when they collected the jack 3-d. >> jack 3-d or jacked as it is called is mark kelts as a dietary supplement that boost energy and endurance. it is sold in stores across the country, including the giant retailer, gnc. walk into any gym and you are bound to find exercise fanatics like keith stuart that says they cannot live without it. >> your body will start to tingle. your skin will start to tingle. you can feel it. you feel this rush of energy in your body. you just have to move. >> the sparlings began researching jack and learned it contains a stimulant called dmaa. they found reports of potential

serious side effects in the medical literatur. >> this is what high school kids can buy off the shelves. >> we have hundreds and thousands of new ingredients being introduced into supplements without any safety data or information being provided. >> dr. peter cohen is a professor at harvard medical school who studies supplement safety. cohen and other health officials say dmaa is just latest example of the dangers that lurk in a barely regulated multibillion dollar dietary supplement market. >> thanks to a law passed in 1994, supplements unlike prescription drugs do not need fda approval to get to market. supplements an the stores that sell them are everywhere. in 1994, there were 4,000 products on the market. what's the status now?

>> at least 80,000 new products. >> one thing we want to impart. they see a pill and they think that fda has signed off on the safety of the pill and in the diet supplement world, that's not the case. >> daniel fabricant is the director of the fda division of diet supplementary programs. if you want to understand the limits of the government's power, listen to what he told us about dmaa. >> it is an illegal ingredient, an inlegal dietary supplement. >> you are telling me it is illegal. you are telling me it is still on the market. >> we have sent warning letters to firms and taken steps to get it out of the hands of consumers. we are very concerned and urge consumers to be concerned as well. >> when an official from the fda tells me there is an illegal product on the market and yet there is no jurisdiction to remove it, i don't get that. >> banning it would be, you know, difficult.

>> difficult because the fda has limited legal authority over supplements. the fda has received dozens of reports of serious side effects believed to be linked to dmaa even several deaths. >> it could increase the risk of death? could it lead to a young, healthy man dying? >> absolutely. >> yet, the fda cannot require jacked or any supplement to include side effects on the label. >> even known side effects. if a supplement is proven to cause a rash or indigestion or headaches, there is absolutely no requirement that that's placed on the label. >> that's right. >> it isn't. >> and, says cohen, the dirty secret behind dmaa is that it is actual will i a drug that manufacturers are passing offs a plant product. >> so where does it come from? >> dmaa is produced in a factory.

>> in april of 2012, the fda did send warning letters question willing dnaa's safety and challenging that it qualifies as a dietary supplement. all of them pulled their products except for usp labs, the makers of jacked. >> they are thumbing their nose at you? >> it is an open case. i am limited in what we can see. >> what do you want consumers to know? >> don't take the product. we urge them not to. >> some have stopped selling it but it is still on the shelves of gnc. >> it is shocking they still support usp labs. >> they declined our request for an on-camera interview. in a statement, they say they are unaware of a single corroborated adverse event when dmaa is used as directed.

they say there are eight peer reviewed studies detailing the safety and three papers that say dmaa can be extracted from geranium. gnc told us it has no reason to believe that dmaa is unsafe. it relies on manufacturers to warrant that the products are fully compliant with all applicable lawings and safe for human consumption. gnc also says it does not sell substances banned or recalled by the fda. while dmaa has not been officially band. the u.s. military prohibited selling it on bases when five months after michael sparling collapsed, a second soldier died after use can dmaa. nine countries, including canada and the uk have banned it. >> canada has banned it. the u.s. military has taken the substance out of all of its shops but you can still get it

at the local store. >> it's absurd. >> the sparlings say they are waiting for the fda to demand dmaa. they are suing usp labs and gnc for causing their son's death. for the past two years, leann, with michael's dog tags around her neck, has been dropping into supplement stores to find out if they are still selling jacked. she told us about a conversation she had with a clerk a few months after michael's death. >> i said, i'm interested in a product called jacked 3-d. he goes, oh, yes. this is our top seller. >> i said, have you heard of any adverse side ekt ifs? he goes, no, it is 100% natural. it is totally safe. he goes, are you buying it for your son? >> i said, no. i said, do you see the dog tags i am wearing? i said they were my sons. he said, what happened? >> i said, he died after taking this product.

>> dr. nancy snyderman reporting. up next, a wrap-up of our news and an unusual reaction from the u.k. before the y sat down, one more time, just for themselves... before the last grandchild graced the stage, before katie and her husband hit that rough patch... before kevin finally came home and the first grandchild arrived,

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♪ >> we are back with our look another things for the week, our lead story has been the north korean situation, and for good reason, not all of what he encountered was deadly serious as we are about to prove in vivid detail. ♪ >> we begin with chipmunks, not necessarily these, but the real kind, the ones in the wild, people like them, they can

create havoc in the attic, but generally we think of them as cute nut gathers, they do everything so fast. but slow them down and something happens. ♪ >> they are down right alluring in slow-mo, turns out they have been sending subtle is messages all these years. this cat was big this week, you know how inscrutable they are, cats never like to look vulnerable or surprised. so look at how twinkles notices his own cat image in the mirror and starts to form jazz hands. >> there was also the canadian woman who noticed and narrorated a raccoon making an action movie on power lines. >> and an all-time classic puppy

failure deserves another airing, he is still young and improving. the music news this week has to do with maggie thatcher. this is sad, but necessary to report it's safe to say american's have a warmer memory of her than many, especially working class britts, she is like a meryl streep character to us but not to them. it's been a hash couple of days since her death. one newspaper had to close down the comment section and the number one song on itunes is the "wizard of oz" classic celebrating her death. for the woman that once said feminism is poison, the reaction to her death is as tough as she was.

the brooklyn based band that is touring to support their first new music in a while and prior to their show at webster hall, they posted this this. please do not watch the show through a screen on your smart device or camera, but that stuff away. and they really might be on to something here. so few people live anything in the moment or just for the moment. you see it when people meet the president. even though they never get to live it over, they choose to slam a device in his face or smoosh their face next to his, or worst yet, out comes the massive ipad, eclipsing everything from miles away while they take a picture. while people are entitled to their own memories and devices. remember when we went to events before we were all taking photos? how about kim jong-un and how about the fact that he may have have been in greece.

british newspaper, the "the sun" uncovered this gem, he played the member of a t-birds gang while studying ining in switze. giving us the opportunity to watch this again. and check out the female north korean soldier sporting heels, full on heels. which they kick up during their annual dance during the military parade. it would be funny if the young leader was not playing with real rockets. other foreign leaders, his face priceless when encountered by topless protesters. while some think he has had a ton of work done, he is still able to express emotion. and the mayor of new york, he

attempted to ban large sugary fountain drinks so he must have been confounded when he saw the study, when you try to limit american serving sizes people will buy more. policy makers should take it into account. and finally we were reminded this week of how far we came. this almost happened. it was 1963 and tv glasses were developed. sure they look great, but they did not catch on. he was actually way ahead of his time. but the antenna made them clunky and the picture was limited to this and while we all thought it was great then, that was as good as tv got. while the next big thing on the way we are being told is ultra hd and samsung has one for $40,000, regular hd is so good, pets have started to watch and really noticed tv like never

before. which means we get to end on this week's web video of milly who really likes baseball. >> oh! >> makes you wonder how much more dangerous ultra hhd could be. we wanted to give you a heads up, it was a sad story, a woman in a minivan, speeding the wrong way as her frantic nieces called for help. for the first time, the parents who lost their three daughters in the terrible crash that resulted speak to us about dealing with unimaginable grief, a surprising new chapter in their lives and the trusted family member they thought they knew. >> i had known her for 20 years. she was a rock. i went to her for advice, she was just very on top on of everything. >> that is one of the stories we will have for you next week, for us, for now, that will do it for this week's broadcast, for everyone who worked so hard to bring it to you, thank you for

we investigate why deputies months ago released teenagers related to a sexual assault and a suicide. and a smashing end to a smoker's wild ride in the bay area, next . >> nbc bay area news starts now.

unraveling a troubling story. tonight new details are emerging and new questions are being raised months after the sexual assault of a teenager. days after the attack she took her own life and only yesterday did authorities make an arrest. three 16 year old boys are now facing felony charges. however, we've since learned that not long after the assault, the boys were each cited on a misdemeanor charge of sexual battery and then released. now we're hearing from their attorneys for the first time. we have team coverage this evening. we begin with chief investigator. >> reporter: sheriff smith told us her department in fact believes it is missing a key piece of evidence. she describes it as a critical electronic device that has not

been turned over. it appears the sheriff's department may have opinion hoping to get pictures relating to the case from that device. also late this afternoon we received a statement. this statement from attorneys for the three boys accused in the case. it has four simple sentences making a strong point. quote, much of what has been reported over the last several days is inaccurate. most disturbing is the attempt to link audrey's suicide is to the actions of these three boys. we are hopeful that everyone understands that these boys, none of whom have ever been in trouble with the law are to be regarded as innocent. tu to the juvenile nature of the proceedings, we believe it inappropriate to comment further at this time. end quote. and that is a critical point here because when it come does how much of the investigation we can review, that's key. this case is currently not met the state's threshold to charge the teenagers as