Transcript: Contraband Question in Cruise Ship Case

This is a partial transcript from "On the Record," February 13, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: New questions about what really happened the night George Smith disappeared from his honeymoon cruise. George was partying with four young men that night and their versions of the night's events do not match up with what other witnesses told police.

The lawyers for two of those young men join us now. Albert Dayan is the lawyer for Rusty Kofman. He joins us live in New York. And, Keith Greer, the attorney for Josh Askin is live in San Diego.

Keith, first to you, let's talk about the Absinthe that they were drinking that night. What's the origin of that? Who brought it to the ship?

KEITH GREER, ATTORNEY FOR CRUISE SHIP PASSENGER: Step back just one first, Greta, there has been no statement the boys have made which has been inconsistent anywhere and I want to address that if we get a chance. But the Absinthe you had some questions about that specifically?

VAN SUSTEREN: Yes, first let's start with that and then we'll get to the inconsistency or lack thereof.

GREER: And what would you like to know about the Absinthe?

VAN SUSTEREN: Who brought it to the ship?

GREER: Actually the actual bottle itself, Greta that was actually George brought that on the boat when they got back from Florence.

VAN SUSTEREN: All right. How did you client meet George or where did he meet him on the ship?

GREER: Yes, they saw each other in passing several times on the voyage. They didn't actually meet until they went to Florence that day together and shared the cab ride and got a chance to talk with each other, get to know each other, then took the cab back that day from Florence.

VAN SUSTEREN: All right, so the night of July 4th going into the 5th, your client and George and others are drinking this Absinthe is that right?

GREER: Yes, well they were drinking a lot of other things too but Absinthe was being consumed. There was some of that bottle left from the Florence trip. George had several shots of it. A number of the other guests did also.

VAN SUSTEREN: All right. So, at some point your client and Albert has told me this that they all left the disco on the morning of July 5th and headed to George's cabin. What do you understand happened when they left the disco and tell me about what time it was?

GREER: Yes. So, just going over the timeline again very briefly they leave the disco about 3:30 in the morning. The boys take George back to his room. They get there a little after 3:30, get to the room, stay there for a little bit and notice that Jennifer's not there. They were making noise obviously. The people on both sides of the room heard them at that time, very consistent.

George wanted to go find where Jennifer was. The boys didn't want him to go alone. They decided to help him. They took George down to the solarium and the Jacuzzi area where they couldn't find Jennifer.

They went back to the room at that point in time and put George to bed a little before four o'clock and left the room, again stayed there very briefly, again very consistent with both Clete Hyman and Pat and Greg's comments on either side of the cabin.

VAN SUSTEREN: All right, well my understanding from Clete Hyman is that he heard a thud about 4:05, called security at that point and that sometime later, which is inconsistent with at least your recitation of the facts and maybe you can somehow reconcile that, is that he later saw three people leave the room so that's inconsistent in my mind.

GREER: Right. Yes, Greta, actually I pulled all the prior transcripts today and went over all of Clete Hyman's statements and he's very clear at four o'clock he'd been awakened for the second time that evening. He was upset. There was a call made to security. The boys left.

Clete at that time said he looked outside the room and saw three boys going down the hall. Why he didn't see a fourth boy we don't know. It's a very narrow hallway. A couple of the boys are larger. Did one of the boys leave sooner? We don't know. We know that the boys left together and went down to have room service.

Clete then says he hears for a period of time a single voice in the room, doors opening and closing, drawers opening and closing abruptly, furniture being moved. Then that going out onto the deck with some furniture being moved, about two minutes of silence and then the, what's been described as a horrific thud when we now know George fell off which is about 4:20 in the morning according to Clete Hyman.

Around 4:15 in the morning, according to one of the guests, Denise, the young girl who also heard it and woke up that night. At that point in time, the boys had been in their room already, had ordered room service and, as you know, pictures have been produced that the boys took at that time when they got back to the room in the first place but then when the room service finally showed up and they had a stack of food plates, you know, six feet high and took a picture.

One point I wanted to make tonight, Greta, was some of the other attorneys have said that's not consistent or doesn't make sense why you would take pictures of yourselves and of all this food at 4:10 in the morning.

VAN SUSTEREN: Actually, I don't have a problem with that. I should tell you this is full disclosure, Keith, we only got 15 seconds but we've done that on our show on the road, taken pictures of food, so that one, that one isn't...

GREER: But, Greta, this was a younger brother. This was the younger brother...

VAN SUSTEREN: Anyway, we have to take a quick break.

GREER: ... that the older brothers came home drunk and the younger brother was...

VAN SUSTEREN: All right, let me just take a quick break. We'll be right back in just a moment.

(COMMERCIAL BREAK)

VAN SUSTEREN: We're back with the lawyers for two of the last people to see honeymooner George Smith alive. Albert Dayan joins us live in New York and Keith Greer is live in San Diego.

Albert, this timeline I'm trying to piece together and you showed me some pictures and you told me there was room service ordered. Do you have a receipt or anything that we can sort of, you know, that corroborate your client's statement about what time room service was ordered and what time it was delivered?

ALBERT DAYAN, ATTORNEY FOR CRUISE SHIP PASSENGER: Well, you must take into account that we cannot really account for the timestamp on the camera. I mean that can vary a minute or two on each way, whether you add it or subtract it from the timestamp on the camera.

The easier way to find out what time that phone call from room service was made if you inquire as to the ship's log, telephone log I'm sure they register every call that's made from every room, especially if it's for food service. You can also ask for food registry as to what time the food was ordered and what time that food was delivered and I think that that would dispel any concern about whether the timestamp on the camera was accurate.

VAN SUSTEREN: I take it, Albert, that you don't have access to the boat information and that the cruise line has it and that's something you can't get those receipts, telephone logs.

DAYAN: Well, I'm sure that the FBI did get access to that information and I believe that upon review of that information that they had ascertained that the boys were actually in the room when this horrific thud is heard.

VAN SUSTEREN: Albert, how many times has your client talked to the FBI or has your client even testified before the grand jury?

DAYAN: Well, it's interesting you raise this because I had heard a camp of lawyers for the Smith family, particularly Mrs. Smith, make very irresponsible allegations about the boys' version of the events and that they had somehow conspired and maybe built this version of events.

These boys have not spoken. Most of these boys have not spoken to each other. Mr. Greer and I had just recently have communicated with each other. And, if these boys did conspire to give one story, consistent story to the FBI they would definitely not leave someone like Kaufmann, who is my client and let him speak to the FBI on three separate occasions.

VAN SUSTEREN: Keith, how many times has your client talked to FBI or any law enforcement or Turkish authorities?

GREER: Yes, the Turkish authorities a couple of times, the FBI on the boat and then two subsequent lengthy interviews.

VAN SUSTEREN: And how recent was the most recent one with the FBI?

GREER: Back in September I believe.

VAN SUSTEREN: Do you know, Keith, if this is still an active investigation? Do you have any communication with the FBI on this?

GREER: Yes, it's definitely still ongoing, Greta.

VAN SUSTEREN: Did they give you any idea of when, you know, when they intend to sort of, you know, close this up one way or the other?

GREER: Absolutely no idea at all.

VAN SUSTEREN: How did you client, Keith, learn that George Smith had disappeared?

GREER: It was that next morning when he was sitting in the room right next to Jennifer and the people from the boat came in and told Jennifer "Your husband's overboard. We think he's dead." And, Jennifer heard it the same time Josh heard it.

VAN SUSTEREN: What brought him to that room and it's right next to the purser's office but why did he go there at that hour?

GREER: Yes, most of the family was already off the boat getting ready for a tour and when Josh went to get off the boat it was his sea pass seized up and they wouldn't let him off the boat.

VAN SUSTEREN: So they already knew that he had...

GREER: And so they said "You need to go back to guest services." They sent him back to guest services.

VAN SUSTEREN: So they knew at that point that George was missing and that he had been seen with George the night before is that your assumption?

GREER: Even if they hadn't been seen with George my client had mentioned to his statesman outside the door when he heard George being paged that George had been drinking a lot the night before and they might need to send somebody to his cabin because he might not respond to the page due to the previous night's activities.

VAN SUSTEREN: All right, Albert, Keith, thank you both.

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