Joran van der Sloot's Attorney: 'Here We Go Again'

This is a rush transcript from "On the Record ," November 30, 2007. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: At 3:00 p.m. Eastern tomorrow, the Kalpoe brothers will walk out of their Aruban jails. Is Joran van der Sloot next? We have his lawyer here with us live — Joe Tacopina.

Joe, it's different because the Kalpoes were held based on the prosecutor asking to hold all of them. But Joran was actually held by a judge saying hold him because he was picked up in Holland. Is that going to make a difference, do you think?

JOE TACOPINA, ATTORNEY FOR JORAN VAN DER SLOOT: No, actually, Greta, they had the initial hearing in Holland, but then, they did have the eight-day detention hearing in Aruba when you're on land on Aruban soil. I do not think it makes any difference.

As a matter of fact, what we plan on doing is filing a motion first thing Monday morning for Joran's immediate release. I mean, we do not think he should have to wait until Friday or Thursday night or Friday morning — depending on how you calculate the hours — to get out. Look, the writing is on the wall. Here we go again — arrest them, release them, arrest them, release them.

VAN SUSTEREN: You know, it's interesting, Joe, because I sat down across the table from the prosecutor and he seemed like a very smart, you know, seasoned and experienced prosecutor. And he said that he had new incriminating evidence. I am dying to know what is in those packets you all have that the prosecutor seems to think it's so incriminating and, of course, the defense says that it is not.

TACOPINA: And, Greta, I am dying to share it with you. As a matter of fact, you know, I am going to go there next week and I am going to look into what exactly the rules and regulations are, because I think it is so patently unfair for him or anyone else to get on and talk about this serious stuff — I have heard that you use "this powerful new evidence", "incriminating new evidence" — and yet not reveal what it is. When I know it is nonsense. When I know there is no new evidence. And when I just heard Hans Mos. Oh, I agree with you — you know, he sounds like a real intelligent guy and he, quite frankly, you know, I think, he probably is a smart guy and, probably, a very good prosecutor.

But I have got to tell you, for the life of me, I think this case creates like, you know, the "Twilight Zone effect" on people. When I heard him just say, "We are disappointed with the judge's ruling because we want more time to interrogate these guys and show them the new evidence," you've had eight days. When will you show them the new evidence? When?

VAN SUSTEREN: I think, we have got to make the distinction the reason why — if Hans were here, he'd say that there's not enough evidence on the murder, but they have enough evidence, according to Hans, that they got rid of the body — but that is not the type of violation of the law that you get the detention for. So, I think, Hans is still saying, "Should they get rid of the body?"

TACOPINA: Well, yes, Hans was saying last week they murdered, they committed manslaughter — that's what Hans said last week. Now, were that they got rid of the body but, if they didn't participate in the manslaughter or are responsible for it, I mean, what's the evidence that they got rid of the body? Because they talk now what could have happened.

Look, Greta, let's wait and see what that evidence is, too. That does not mean that there is evidence that is credible that they got rid of the body...

VAN SUSTEREN: You know what, Joe? I do not know what is in that packet. Maybe the theory was that your client was the one guy who did it and called up the other two to help him get rid of the body. That is why it is so important we see what is in that packet because imaginations are going to run wild.

TACOPINA: Yes, it's a moving target. I mean, the theory is forever shifting. I am telling you, what is in that packet now is drastically different than what all of the others had — Mr. Johansen...

VAN SUSTEREN: Well, do your client a favor and do us a favor — get us that packet and we'll broadcast it. All right? Thanks, Joe.

TACOPINA: I'll do you that favor, sure.

VAN SUSTEREN: Thank you.

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