Will Joran van der Sloot Be Re-Arrested?

This is a rush transcript from "On the Record ," February 13, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: Now, Les Levine is a private investigator working for Joran van der Sloot's defense team, and he joins us live in New York. Welcome, Les.

LES LEVINE, INVESTIGATOR FOR JORAN'S LAWYERS: Thanks, Greta.

VAN SUSTEREN: Les, have you had a chance to talk to any of the lawyers in connection with this filing today?

LEVINE: I spoke to Joe a little while ago.

VAN SUSTEREN: What did he tell you?

LEVINE: He told me that they complied with what they had to do and that now it's a case of sitting back and waiting.

VAN SUSTEREN: Now, essentially, what they're doing is arguing that he should not be re-arrested, right?

LEVINE: Well, if they're going to re-arrest him based upon the credibility of that alleged confession, then it's obvious they haven't done their homework.

VAN SUSTEREN: Now, you say "alleged confession." Most of us who heard it wouldn't call it "alleged." We heard him say it.

LEVINE: Well, you know...

VAN SUSTEREN: You say it's "alleged" when...

(CROSSTALK)

LEVINE: I say it's alleged because it's not substantiated by the facts. That confession was all full of holes, loaded with lies, and it just — it just doesn't — would not stand up in a court of law.

VAN SUSTEREN: Why do you say that it's full of holes? I mean, it certainly is — it's — I mean, I don't know whether it's true or not, but I mean, it certainly is consistent with what the facts...

(CROSSTALK)

VAN SUSTEREN: It's not impossible that that's exactly what happened.

LEVINE: Well, let's take it apart, Greta, if you want to. Supposedly, a telephone call was made by a phone by the pool. That phone was dumped out, and there was no such call. Supposedly, he called this gentleman who was on the island and had a boat. The gentleman not only didn't have a boat, he wasn't on the island.

If you want to go a little step further, he turns over this unfortunate young lady to this gentleman to dispose of and then walks home. I mean, there's no — there's just no credibility. There's just — it just doesn't hold up. None of that alleged confession — and I call it alleged because that's all it was — it was just hype. It was just he talking to a man of dubious character, trying to tell him what he thought he wanted to hear while under the influence of marijuana.

VAN SUSTEREN: You know, it's hard to have much — to like Joran van der Sloot very much, listening that tape. Would you agree with that?

LEVINE: I would think that that's — what he did was horrible. I think he'll spend the rest of his life regretting it. He damaged his mother and his father and the entire defense team. But having said that, it still is just not true.

VAN SUSTEREN: Have you spoken to his parents?

LEVINE: I've had e-mail contact with his dad.

VAN SUSTEREN: And what is his father saying?

LEVINE: Oh, his father's very disappointed in what Joran did, but it is his son and he's standing by him.

VAN SUSTEREN: As what? I mean, standing by him like he did — that he didn't do it or that he's not immoral?

LEVINE: He's standing by him that he didn't do it because he didn't do it. That's been our position from day one. They focused on him for two-and-a-half years and still haven't been able to prove that he's the perpetrator in this horrific crime. I think that what they did was they focused on him and let many other suspects slip through their fingers. And shame on them for doing that.

VAN SUSTEREN: Like? What other suspects?

LEVINE: Well, I myself, with some of my people, were on that island and went to some of these drug bars and spoke to people who I myself would have brought in for interrogation. We spoke to members of their own beach patrol who said that they're up and down that beach every 20 to 25 minutes, and this didn't happen the way it was supposed to happen.

I just — you know, when you focus on one person and try to prove that that person is guilty and exclude every other possibility, you're going to wind up just where we are today, two-and-a-half years later, multiple arrests, and nothing of any...

VAN SUSTEREN: Except what's profoundly different, though, Les, right now is that — you know, is that for the last two-and-a-half years, people have been trying to search for the answers, and now we have Joran van der Sloot saying, These are the answers. This is what he says on tape. And now after he gets caught on tape, he says, Oh, I was high on dope and those were all lies.

LEVINE: Yes, but it's — forget — even if you want to forget the fact that he was high, there's no substance to what he says. What he says is totally a fabrication. And the prosecution knows that and we know it as his defense team. There's just no truth to what he said.

VAN SUSTEREN: Do you think the cops were corrupt or inept or this is just a case that couldn't be solved? What's your position?

LEVINE: Well, I don't think they were corrupt, for sure. I hate to use the word "inept," but I certainly feel that they focused in the wrong area, and because of that, perhaps the real perpetrator has gotten away with this horrific crime.

VAN SUSTEREN: Is Joran worried that he's going to get arrested?

LEVINE: Well, I think he's — as any human being would be, he's concerned. He doesn't want to go through this process again. But I think he's...

VAN SUSTEREN: He seems sort of — you know what the problem is? He seems sort of arrogant, like he doesn't care, listening to that tape.

LEVINE: Well, you know, you — look, this kid has gone through the rigors of hell for two-and-a-half years, and he's certainly not the same Joran who we met two-and-a-half years ago. But he certainly — I can't tell you he's not concerned that he won't be re-arrested, but he's confident in the fact he didn't do the deed, and therefore, this, too, shall pass.

VAN SUSTEREN: Well, I don't know if this, too, shall pass, but we'll certainly learn tomorrow or Friday whether or not he'll be re-arrested. Les, thank you.

LEVINE: Thank you, Greta.

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