The CNN Sarah Foxwell Story!

Coming up, an 11-year-old found dead on Christmas. Why was this man, a sex offender who once dated her aunt, around?

VELEZ-MITCHELL: Tonight, a horrifying discovery on Christmas day: a beautiful little girl found dumped in the woods. Now cops have arrested a registered sex offender and charged him with kidnapping, but why not murder?

Sadness mixed with outrage in the wake of an 11-year-old girl found dead on Christmas day, of all things. Cops are focusing on a registered sex offender with a rap sheet. Sarah Haley Foxwell`s body was discovered just three days after she was reportedly last seen by her little sister. The news, totally devastating to her Delaware neighbors.

SHERIFF MIKE LEWIS, WICOMICO COUNTY, MARYLAND: At approximately 4:00 p.m. this afternoon a ground search crew in the area of Melson Road just west of Hampton Court (ph) located the body of 11-year-old Sarah Foxwell.

30-year-old Thomas Leggs Jr. has now been charged with kidnapping and burglary. He is behind bars with no bond. While Leggs is the focus of the investigation, the sheriff tells ISSUES they are not rushing to hit him with a murder rap until they have all the evidence, including DNA.

It pains me to report that Leggs is a registered sex offender in two states, Maryland and Delaware. In Delaware he`s listed as high risk. Police say he was the last person seen with this precious child.

Sarah and her kid sister live with their aunt. This suspect was reportedly the aunt`s ex-boyfriend.

Unfortunately this kind of development has become way too predictable. How many times have we seen this pattern before? How many times do we have to say these things over and over again? Cops say a, quote, "juvenile witness", reportedly Sarah`s 6-year-old sister saw Sarah leave their bedroom with, quote, "Tommy", allegedly Thomas Leggs.

Sarah`s aunt meanwhile told cops the child`s toothbrush was missing. A green toothbrush was found in a truck that police say Leggs admitted to driving. They also found a lollipop.

This makes me sick to my stomach.

Straight to amazing my panel of guests: back with John Lucic, Dr. Dale Archer, plus we are again delighted to have with us Judge Larry Seidlin. He of course presided over the dramatic Anna Nicole Smith body custody case, and as you remember, he became quite emotionally involved in that case.

But first straight out to Michelle Sigona of michellesigona.com; Michelle, you`ve been doing some digging all day. What is the very latest on this very sad case?

MICHELLE SIGONA, MICHELLESIGONA.COM: Well, I spoke with Sheriff Lewis earlier today and this case is ruled a homicide. And there are multiple causes of death surrounding Sarah and her murder, but those particular -- all of those details are not being released yet.

The grand injury does meet two times a month and later on this month more charges may come about in addition to the abduction and burglary charges.

On the evening that Sarah went missing -- I should say the early morning hours -- her grandfather was home at the time. Her legal guardian, her aunt, was not home.

And Sarah`s 6-year-old sister who shares a room with her woke up to hear Thomas, allegedly in the room talking with Sarah, then at some point they disappeared. She was then reported missing later on that morning, and within two hours Wicomico County sheriff`s officers had him in custody and charged within two hours of Sarah`s disappearance.

On a side note, Leggs was only required to check in with Wicomico County Sheriff`s office two times a year. He had just checked in, in early December, but the sheriff`s deputies had gone out to his residence seven times within 2009 and found him living in an 8 by 4 shed on his parents` property. Also living at the property was his sister and their -- her three children, which now a separate investigation is underway to see if those children have been harmed.

VELEZ-MITCHELL: He`s a registered sex offender. What is he doing with kids? The sheriff didn`t hold -- ok. Who -- yes, I need help here. Judge Larry Seidlin, jump in.

JUDGE LARRY SEIDLIN, PRESIDED OVER ANNA NICOLE SMITH CASE: Jane, these sex offenders have a high recidivism rate. We have to keep them on a shorter string. We, as a society, have to decide how many parole officers we want out there, how many probation officers. They`re overworked. So we have to keep an eye on these sex offenders. We should be checking on where they are at all times. And they`re out...

VELEZ-MITCHELL: How many cases have we covered where the parole officer or the probation officer goes right to the door and knocked on the door, doesn`t realize there`s a bunch of kids in the backyard? We all know about that case, where there were kids living for years, and a suspect was raping a woman repeatedly for decades and the parole and probation officers didn`t figure it out.

Now the sheriff didn`t hold back in the wake of this truly grim, heart-wrenching discovery. Here`s what he had to say on, of all things, Christmas day.

LEWIS: If there`s ever been a case that screams for the death penalty, it`s this one. But we are obviously going to have to work for the next several hours well into tomorrow processing this crime scene. We`re going to give this victim all the dignity and all the respect that she deserves.

But we`re going to slow down; we`re going to methodically process this crime scene so we leave no stone unturned tonight. We`re going to recover every single piece of evidence that is needed to successfully put this man behind bars. We know he`s the one who did it, and he`s going to pay the price.