Transcript from http://www.foxnews.com/story/0,2933,296798,00.html:
Holloway Case: New Kalpoe Documents
Friday, September 14, 2007
This is a rush transcript from "On the Record ," September 13, 2007. This copy may
not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight, a possible breakthrough in the Natalee Holloway case. A California judge has ordered the Kalpoe brothers to turn over documents and e-mails that the judge says are relevant to the most fundamental issues in this case.
John Q. Kelly is an attorney for Natalee Holloway's parents. He joins
us in New York.
John, you were part of this lawsuit originally, but your
client got bounced out of it. Btu tell me, what is the order that this judge has
issued and why is it significant?
JOHN Q. KELLY, ATTORNEY FOR HOLLOWAY FAMILY: Well, the key issue is whether the Kalpoe's have to turn over all the documents in their possession including all their e-mail correspondence between them and Joran Van der Sloot or any other third parties during the uncertain period of time after Natalee's disappearance. And we're hoping that it would shed some light on Natalee's disappearance and the Kalpoe's involvement with it and think of it (ph) if they're kind enough to turn it all over.
VAN SUSTEREN: You say shed some light. Is it fair to say this might be a bombshell in the case?
KELLY: Well, depending on what is in the records they have right
now. I know for a fact that the former prosecutor Karen Yanson (ph) had
diligently turned over all the prosecution filed up to a certain point to the
Kalpoes and Mr. Van der Sloot as the investigation was going on. And I think
having now seen the light of day and Dr. Phil's attorneys having these two
questioned, the Kalpoes, taking their deposition, it could be rather powerful,
to say the least.
VAN SUSTEREN: These e-mails and documents have never been
in the possession of you or your client Dave and Beth, is that right?
KELLY:
Some of them may have been, Greta. I have seen some of the prosecution filings,
I've seen a lot of the police reports and things, but obviously there's a lot
out there we have not seen yet and we would like to be privy to. And I would
certainly like to see Dr. Phil's attorneys be privy to them.
VAN SUSTEREN:
John, there is some question whether the documents will be produced. The Kalpoe
brothers will say, we don't have them, they are in the possession of the
prosecutor in Aruba. Is that true? Is that the way it's going to be fought at
this point?
KELLY: I believe David Koch (ph), one of the attorneys for the
Kalpoes actually signed a declaration at the court indicating that even if the
court ordered the documents be turned over, they were not going to turn them
over, which was sort of, for lack of a better word, arrogant on his part. The
court did not necessarily like that.
But I can't see them both using the
courts as a sword and then a shield. They can't bring this action, they can't
seek damages and not obey the quarters of the ort - the orders of the court and
expect their case to go forward.
VAN SUSTEREN: All right. So now back this up
a little bit. Explain what this lawsuit is about and how your client was once in
it and is now out of it?
KELLY: The Kalpoe brothers claim - Deepak claims
that when he was interviewed by Jamie Skeeters (ph), who subsequently passed
away, he said on the tape that he was not involved in Natalee's disappearance
and in no way did he engage in any sexual activity with her before
disappearance. Deepak claims subsequently either Dr. Phil's production company
or Jamie Skeeters altered the tape to reflect that Deepak had been involved in
Natalee's disappearance and engaged in sexual activity with her prior to her
disappearance. And therefore they have brought a lawsuit claiming libel,
defamation, invasion of privacy and a lot of other claims based on the alleged
alteration of the tape, a ledger alteration.
VAN SUSTEREN: All right. So that
was filed in the State of California by these Aruban residents - I don't know
what their status is in Aruba. They live there, I don't know what their legal
status is.
They filed in the State of California and then you and your
clients seized upon the moment to try to get into the litigation so you would
get them under oath. Is that right?
KELLY: We did. Our premise was that they
were claiming that the basis of their claim was that it was false, by saying
that they were involved in Natalee's disappearance. Our claim was the wrongful
death action, the assault and wrongful death action that we brought against
Deepak and Satish was based on the same set of salient operative fact, that
whether they were involved or not in Natalee's disappearance is something that
should be litigated by the courts out in California once they have submitted
themselves to the jurisdiction.
VAN SUSTEREN: And then of course the court
said that your client could not bring the action so you guys got bounced out in
June.
KELLY: We did. Unfortunately. We would have liked to stay in there, but
that was the ruling.
VAN SUSTEREN: But you'd like to stay in there but even
though you got bounced out, it is s till a huge victory for you because I
suspect, I don't know, that you are working with the lawyers of Dr. Phil's
because that would enable you to get more information about the investigation,
right? Or won't you answer?
KELLY: I'll answer, of course. I've had a number
of conversations with the attorneys of Dr. Phil and I like to keep them posted
and they like to keep me posted. And that's an open line there, for sure.
VAN SUSTEREN: So getting really bounced out was not really a loss at all and your
foot is still in the door, so to speak.
KELLY: It was a hail Mary and we also
would like to know we want the Kalpoe brothers to know we're watching their
every move and if there is ever even a crack in the door we're going to seize
the opportunity and go after them.
If you have any information about Natalee's whereabouts, please call the FBI at 1-877-628-2533.
Natalee's website: http://www.allpointsbulletin.org/Natalee_Holloway.htmlOne of several blogs about Natalee: http://blogsfornatalee.com/
Photos of Natalee from her website.
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