This is a partial transcript from "On the Record," June 12, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: In the meantime, we're going to go to other stories. And the preacher's wife accused of murdering her husband by shooting him to death in their home got some bad news today. She got an indictment. Police say Mark Winkler confessed to the crime, so what will her defense be?

Joining us from Memphis, Tennessee, is Mary Winkler's lawyer, Leslie Ballin.

Welcome, Leslie.

LESLIE BALLIN, ATTORNEY FOR MARY WINKLER: Good evening.

VAN SUSTEREN: Leslie, I suppose the indictment was expected. That was not a big surprise to you, was it?

BALLIN: Not a surprise at all. It was expected, and that's what we got.

VAN SUSTEREN: Since March 22, your client has been incarcerated, held down. Is it no bond since then?

BALLIN: No bond. We have not requested bond to be set. That may change on Wednesday, though.

VAN SUSTEREN: Why would it change on Wednesday? What's different on Wednesday that you're asking now and you didn't ask before?

BALLIN: Well, her mental state is a little — well, it's stable now. We have a place for her to go. And it just would be appropriate for her to be released on bond, in our humble opinion.

VAN SUSTEREN: Leslie, we hear from the police, and we have not heard from the defense, but that she confessed to the crime. It seems to me that it's either a self-defense or it's an admission she did it or that it's some sort of insanity defense. Am I right that it's one of those three?

BALLIN: Of course, you're right. To call what she said a confession may not be totally accurate. She gave a statement of what happened. We've been given a copy of that statement. I'm very comfortable with the contents of it and look forward to trying case, assuming that that statement is admitted and played before the jury.

VAN SUSTEREN: And I should probably tell the viewers that oftentimes, the police call something a confession, and oftentimes, it's a statement. It's just both sides describe it very differently. But in that statement, does she admit to shooting her husband?

BALLIN: I can't go into the details of the statement. Let me tell you that discovery has not thrown us any curves. We are happy with the state of the proof and look forward to putting on our defense at the appropriate time, which, of course, will be the trial.

VAN SUSTEREN: Has she — I know that there was some talk early on that she wanted to see her children. Has she been able to see her children?

BALLIN: She hasn't been able to see her children. She wants to so badly. The kids are with the paternal grandparents. We are just hopeful that she'll be able to see the kids, talk to the kids, have pictures of them or just maybe a bit of their homework for school. She yearns for some contact.

VAN SUSTEREN: Is the reason she hasn't seen the children her choice, the parents' choice, the children's choice, the jail, the judge? Why hasn't she seen them?

BALLIN: Well, she's requested to see them. The paternal grandparents have custody of the kids. We are comfortable in not doing anything to jeopardize their mental well being, as fragile as it may — you know, that you understand that it is now. She wants to see the kids, but time, hopefully, will tell when that's going to happen.

VAN SUSTEREN: Between the first time you saw her and the most recent time that you saw your client, is she any different?

BALLIN: A lot different. In the beginning, she was a depressed lady, head hanging down, not willing to share with us, even her lawyers, her history, what brought her to March 22.

I think I'm at liberty to tell you that she's opened up to us. She is telling us what happened. She has shared with us the 10 years or so of marital life, and we're going to tell the story at the appropriate time.

VAN SUSTEREN: Is that marital life one of bliss or one of just the opposite that you'll be sharing in courtroom and with others?

BALLIN: All is not what it appears to be. And it just — we're going to have to wait. You know, stay tuned. And we're going to try this case in the courtroom, not in the media. We will tell exactly what happened. We'll describe what brought us to March 22, and you're going to hear what happened behind those closed doors.

VAN SUSTEREN: One quick question, last question. Prediction of when there'll be a trial date. What's your docket like down there?

BALLIN: Hopefully, October, which will be pretty quick, if you think about the date of the event, March 22, '06, and then a trial the same year in October. That's pretty quick.

VAN SUSTEREN: It's a lot faster than North Carolina with that Duke case, I'll tell you that much. Thank you, Leslie.

BALLIN: Thank you.

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