Kalpoe Brothers Re-Arrested

This is a partial transcript from "On the Record," August 26, 2005, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Re-arrested: Deepak and Satish Kalpoe are back in jail, and a third man has also been arrested.

Investigative reporter Tito Lacle is live in Aruba with the details. Tito, what happened today?

TITO LACLE, ARUBA TODAY: Greta, basically, this morning, about a quarter to six, both Deepak and Satish were woken up by police officials, telling them that they were re-arrested based on some charges. They had to go to the police department. A third person, not to be named, or has not been named, has also been arrested, apparently, because nobody is confirming this, at least not the official departments that has to confirm this.

Deepak and Satish were then taken to the local police station in the city, Oranjestad, until about 11:30, when they were brought in one by one in separate cars to the hearing, where they were formally informed of what they were done — have done and then take them back to prison. There they were told that they would remain in jail for the next coming eight days — Greta.

VAN SUSTEREN: Why were they arrested?

LACLE: The lawyers were told by the prosecuting office that it had to do with the rape. Now, in the official declaration, the press declaration, the prosecutor says that rape was already a part of this and that they have new evidence, because new evidence is needed in order for them to be re- arrested. They would not say what these charges were or these accusations were, although they told the lawyers that it had to do with rape charges.

VAN SUSTEREN: Is this new evidence having to do with rape of Natalee Holloway, or is this new evidence having to do with rape of someone else?

LACLE: Just rape. They won't go into details. Yesterday I told you that Joran's new accusations were based on people coming forward, three, four, girls, maybe more, that stated that they were either raped or that they had some problem with Joran. Today, none of that came forward, just rape. And it's a very suspicious information as to why they were charged this time, or accused this time.

VAN SUSTEREN: All right. The third person who was also arrested today — not re-arrested, but arrested for the first time — were the accusations against him rape, and did they also include any suggestion of murder?

LACLE: Well, neither the prosecutor nor attorneys for the other parties would confirm or deny this arrest. They said the only ones that they would mention in this case would be Deepak and Satish because it had to do directly with the Natalee Holloway case. The other arrest, we're hearing, has nothing to do with Natalee Holloway. While the accusations also stem from rape, we did not hear the word murder being mentioned at any time, at least not us.

VAN SUSTEREN: Tito, last night we had on the new lawyer for Natalee Holloway's family, who said that a young woman came to her office and said that she had been sexually assaulted by Joran. Are there other women or young women who have come forward? I mean, there seems to be a lot of people are talking a lot about it, but do you know specifically if this is fact?

LACLE: This is fact, Greta. The lawyer for Joran van der Sloot did confirm yesterday that not one but several people had been interrogated, or he confirmed my story that I heard from my sources, and he confirmed that many people had come forward. He did not give a specific number. He did mention the States and Aruba, that this has happened, and based on that information, that they put this accusation on Joran van der Sloot yesterday.

VAN SUSTEREN: So there are women here in the United States who are also making that allegation against Joran?

LACLE: That is what we were told, Greta.

VAN SUSTEREN: Tito, did you have a chance at all to talk to the prosecutor today and see what her sort of view of September 4 hearing is, and whether or not Joran will be held beyond that date?

LACLE: I spoke to the prosecuting office. I'm not going to mention who. They asked me not to, for some reason. They did not mention the date. I did ask if today, as we mentioned, was a possibility where they would file for this case or for this hearing to take place sometime next week, maybe as soon as Wednesday. She said, We did not do that yet, or I cannot confirm that this office did do that. We hope that they did it. We may find out by Monday, but no specific word yet.

VAN SUSTEREN: It seems, Tito, based on what I'm hearing from you, is that they are accumulating more evidence in the direction of these new charges and rape, and that's why everybody seems to be in custody. Have they collected any more information that gives any sort of hope that that there will be a resolution on what happened to Natalee Holloway?

LACLE: Not necessarily. They're just banking on — specifically on these rape charges, trying to make a solid case, we think. But that is pure speculation. They have some information. The new thing that they're sharing with us is the rape part. But if that means that they're going to have resolution, that we have to see.

VAN SUSTEREN: All right, Tito. Thank you.

Let's bring in Aruban attorney Arlene Ellis-Schipper. Hello, Arlene.

ARLENE ELLIS-SCHIPPER, ARUBAN ATTORNEY: Hi. How are you, Greta?

VAN SUSTEREN: Arlene, the re-arrests of Deepak and Satish and the arrest now of this third young man: put it in perspective. What does this mean?

ELLIS-SCHIPPER: Well, it means that the investigation is moving forward and there's hope that we might go towards a trial because, at first, I was doubting whether we were even facing a trial. It shows that the police have done some good work and apparently gathered evidence, new evidence enough for to bring them back in custody.

VAN SUSTEREN: All right. But I'm trying to divide this into two cases — basically, the rape allegations for these new unnamed women, and the investigation into Natalee Holloway's disappearance. Do you have the feeling that any information, new information is collected that's going to tell us something about Natalee Holloway?

ELLIS-SCHIPPER: Well, that I don't know, Greta. But I would have to correct Tito in one sense, that the Kalpoe brothers have been brought back into custody specifically for the same case, the Natalee Holloway case. And from what I understand from the prosecution office, it is new facts and circumstances, not necessarily a new charge. So the charges still remain and range from murder to kidnapping and rape.

VAN SUSTEREN: All right. So it does seem like the prosecution has new information on Natalee Holloway, it's not simply that they picked them up on some other charges.

ELLIS-SCHIPPER: Exactly. Apparently, there are new facts and circumstances that pulls them right back in.

VAN SUSTEREN: All right. I think the defense lawyers are unhappy that they don't have enough information. Are they provided with everything the prosecution knows about these new allegations, or do they have to go back to court and keep asking for this information?

ELLIS-SCHIPPER: Well, actually, I spoke today with one of the defense attorneys and asked him what are the specific grounds on what they base this re-arrest or this bringing back to custody for, and he said, You know what, Arlene? I don't know because I have not had any documentation added to my file. So they're very, very careful, the prosecution, and very secretive.

VAN SUSTEREN: Well, at what point, though, does the defense find out, you know, why, you know, they've been re-arrested? And certainly, this new arrest, at what point does this new person arrested and his lawyer find out why he's arrested, other than simply the allegations of some rape and suspicion of rape?

ELLIS-SCHIPPER: Well, basically, they will have to find out in due course here. As Tito said, they are here for eight days, then a reassessment, like you have seen in all the hearings, will take place by a judge of instructions. But for to be able to defend your client in such a reassessment, you need to be getting some information because, basically, what you're doing, you're fighting the grounds. So they would have to. And if they don't, they will fight for that also.

VAN SUSTEREN: Is there any doubt in your mind, Arlene, that this is a huge step forward for Natalee Holloway's family?

ELLIS-SCHIPPER: I think it's a step forward. I think there's hope.

VAN SUSTEREN: But just a step forward, or do you think this is really a big moment?

ELLIS-SCHIPPER: Well, I think it's a big moment, Greta. You know, the prosecution and the investigation is moving very carefully. They don't want to make more mistakes, and they are very careful. So they must have had some real, real evidence and new facts that they felt confident enough to haul them back in.

VAN SUSTEREN: Well, it certainly buys time for the prosecution, does it not? I mean, now that they can hold them on the rape charges and sort of start that clock — the 8 days, 30 days or whatever. So at least they can hold them in custody and it gives them a leverage on the defense, right?

ELLIS-SCHIPPER: No, no, no. This is the same case. This is the same amount of allegations. So what you're doing is actually — it's a kind of a continuance. It is true that the pre-trial detention has begun before, but remember, they have only sat for 16 days in that pre-trial detention. So that, indeed, they win a little bit in that. But Joran's case is just keeping going on, and that is the lead time-ticking bomb that we have. If there is, indeed, a new charge from a new case from another girl, then, indeed, he will be re-arrested for that case. Only then a new period starts.

VAN SUSTEREN: So if these new charges today name a new person, that starts the clock running again. If these are simply some sort of change in the original charges, we're back to the old time clock.

ELLIS-SCHIPPER: Basically, yes, because it's the same investigation, it's the same case. From what I understand, and maybe we will be corrected tomorrow when we get some more information, there has not been an additional criminal offense added to the order for what their pre-trial detention is ordered.

VAN SUSTEREN: Arlene, thank you.

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