This is a rush transcript from "On the Record ," June 2, 2008. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, HOST: Hulk Hogan's son wants to go home. Seventeen-year-old Nick Bollea (aka Nick Hogan), son of the famous wrestler, pleaded no contest to reckless driving involving serious bodily injury for an accident that left his friend with brain damage.
Bollea was sentenced to eight months in jail and is currently being held in solitary confinement. Bollea's lawyers have filed court papers asking one of two things--that the 17-year-old be allowed to return home with an ankle bracelet until he turns 18, then return to jail, or that Bollea be removed from solitary confinement and placed in a minimum security pod with other inmates.
Nick Bollea made this emotional call to his mother from jail.
LINDA HOGAN: I feel so bad that you're there. You can't stay there anymore. You can't get out of it either.
BOLLEA: I don't know what to do, mom. Are you going to help me?
HOGAN: I didn't know that you were going to go in that kind of thing. It wasn't anything that Kevin told us of.
BOLLEA: I'd do anything to get out of this room.
HOGAN: I know. Just like imprisoning you by yourself is almost beyond what you deserve. Don't you think?
HOGAN: I mean, solitary confinement is what they do to like triple-x criminals. Like for a car accident, Jesus. It's not like you're asking for a lot, a pillow or a window.
BOLLEA: Mom, I haven't left this area that you saw me on the videotape for since I got here.
HOGAN: I know, since 4:00 yesterday.
BOLLEA: I want to go outside. I just want to breathe fresh air. I haven't walked further than 10 feet.
HOGAN: He wasn't walked farther than 10 feet.
BOLLEA: Mom, I feel so bad calling you, but --
HOGAN: You know, yes, they said at first that you could, but now they're not letting him do anything. I don't think that's fair treatment. I'm appealing it, because it's not what they said.
BOLLEA: I don't know what it is.
HOGAN: It's more extreme punishment than what the judge ordered.
BOLLEA: We absolutely have to if that's the case.
HOGAN: I'm going to call Kevin right now and tell him this is b.s.
BOLLEA: Tell him, I don't care. Tell him I'll appeal it and then, whatever. I don't care. I just have to get out of this room.
VAN SUSTEREN: Joining us live is George Tragos, attorney for John Graziano, the victim in Bollea's car crash.
George, he's sentenced to eight months, not solitary confinement. I know that he's not your client, but what is with that? Why isn't he in a general population?
GEORGE TRAGOS, ATTORNEY FOR JOHN GRAZIANO: Florida statutes require the Sheriff to segregate from the adult prisoners. It's necessary, it's the law, and that is where he is going to have to stay until June 27th when he can go into the general population. But until then he's got to be segregated. And I'm sorry he doesn't like his cell, but that's the law, and he's got to abide by it like every other prisoner.
VAN SUSTEREN: I mean, if you think about it--look, I found it appalling the tape I heard the other day, you know that. And you and I discussed that, I thought it was outrageous.
But right now he's a juvenile until he turns 18, and he's getting an inhumane punishment that we all agree on, which is--we call it "segregation," but "solitary confinement" is another term for it. And I think you run the risk if the sheriff can't come up with something better that he is going to get that ankle bracelet and the judge is going to put him under house arrest.
TRAGOS: Well, I don't see any legal justification for that. Greta how many time--
VAN SUSTEREN: Maybe not legal, but, not legal--I mean, it's almost cruel and unusual punishment. He's a kid and he's in solitary confinement.
TRAGOS: How many times have clients called you up and said you to, look, I don't like the cell I'm in, I don't like the jail. I should be in a camp. I shouldn't be in this prison.
And you say, look, the executive authority can put you wherever they want as long as it's a legal, justified location. And that's exactly what they're doing, because that's what they have to do by statute.
VAN SUSTEREN: Well, except that he's a juvenile, that's number one.
And, number two, is that someone that is put in what they call "segregation," which is solitary confinement in many instances, can make a request to go into general population and get it if it's not a behavioral classification, but, rather, one for one's own safety, for instance, which is what this one is.
George, you know what, if I were the judge on this, as bad as I think that this kid was and I heard that obnoxious tape, I would tell the sheriff if you don't come up with something better, because my punishment was eight months in jail, it was not eight months in solitary confinement. And, in fact, you couldn't even issue that order.
TRAGOS: You know what I'd like to do now, Greta? I'd like to have him re-sentenced.
VAN SUSTEREN: I know you want to get a larger sentence, but the law won't permit you to come in and whack him with a larger sentence because he's been obnoxious. And the only sentence that you're going to get is a lesser one.
TRAGOS: No, you're right about that, except for the fact that if they file a motion to withdrawal it--you know, he's just saying I'll go to trial rather than be in here, or I'll appeal it. Let him go to trial.
VAN SUSTEREN: Well, you're asking them to vacate the plea of no contest.
But, anyway, George, I'm interested to see what the judge does. When is the judge supposed to hear this? Is there a date set on that?
TRAGOS: There's been no date set.
VAN SUSTEREN: All right, George, we'll watch it, and come on back when it's heard. Thank you, George.
TRAGOS: OK, Greta, see you.
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