Where Is Natalee?

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

GRETA VAN SUSTEREN, HOST: The Aruba prosecutor answers candidly our questions about the Natalee Holloway (search) investigation. Are investigators on the verge of solving this mystery? Aruban attorney Arlene Ellis-Schipper joins us live on the phone from Aruba with the inside story.

Welcome, Arlene.

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

VAN SUSTEREN: I'm very well.

Arlene, we sent some written questions in English to the chief prosecutor. She responded in Dutch. And you've been so kind, since you speak both languages, to translate for us. So let me put out the first question we posed her, which was how would you describe the current state of the Natalee Holloway case? And how does she answer?

ELLIS-SCHIPPER: Well, she explained that the investigation team is working very hard on the case. And actually, they didn't reduce their investigation effort in any way, in spite of all criticism.

And she also explained that the original core of the investigative team has even been expanded, with three new investigators. And actually shedding light on many new aspects that could have something to do with the disappearance. So they're looking at all possible scenarios.

VAN SUSTEREN: All right. Here's the second question, written by our producer, to the chief prosecutor. Have you seen, requested, or been given the Deepak Kalpoe (search) tapes? And what impact, if any, do you think they may have on the case? And what does the chief prosecutor say about that?

ELLIS-SCHIPPER: Well, she explained, like I did, as well, before, that she had to insist a lot and she had to request a lot for these tapes. And finally, they were received by the police in Aruba at the end of the last week.

And now these tapes have been sent to this Dutch Forensic Institute, the NFI, and they're investigating whether they have been mastered or whether they are real.

VAN SUSTEREN: All right. Here's the next question. Do you, the chief prosecutor, have new evidence that you feel is significant enough to lead to the possible re-arrests of Joran and/or the Kalpoe brothers?

And she responded how?

ELLIS-SCHIPPER: Yes, well, she explains in detail that she wants to let the forensic institute investigate these tapes and, given the results of those investigations, they will assess what possible steps they will take.

And this could, of course, lead to questioning again and at the response of the persons involved by or approached by Mr. Skeeters, who taped this tape. And whether a re-arrest will be made, she can't say at this moment.

VAN SUSTEREN: All right. The fourth question to her was, what's your response to criticism, primarily in the United States, of the Dutch legal system?

ELLIS-SCHIPPER: Well, I know she doesn't want to go into this, because she wanted to respond just to questions regarding the investigation.

However, I can tell you that the Bar Association did respond to this criticism by explaining the differences between our legal systems. They explained in detail in a statement that the difference between the civil law system and the common law system that you have.

And the difference that created so much confusion between where you charge in the beginning of an investigation and where we charge at the end of the investigation, which causes the authorities not to be able to disclose so much information on the investigation, because that actually could result in a dismissal of the case.

So they're protecting their case. It wouldn't be in anyone's interest to just blow the case like that.

VAN SUSTEREN: All right. Let me give you — not the chief prosecutor, but you — a question from Ted Williams. Ted Williams wants to know whether or not there's any way under Aruban law to enter into a deal with any of these other suspects to exchange, for instance, freedom, or a lesser charge, in exchange for testimony against the other?

ELLIS-SCHIPPER: Yes, we've been over this question before, Greta. I explained before once that plea bargaining is not in our system. It is not allowed.

Those kinds of deals, we just don't have. We do have another kind of form what we call crown witnesses, but it's very complicated and it's done in very rare cases which it involves terrorism or big conspiracy groups. I don't see that in this case happening.

VAN SUSTEREN: Is it possible, even though you don't see it happen and it's not done, is it theoretically possible it could be done that way in this case?

ELLIS-SCHIPPER: Well, plea bargain, no. Crown witness is possible, theoretically.

VAN SUSTEREN: All right. Arlene, thank you very much for translating for us this. Thank you, Arlene.

ELLIS-SCHIPPER: You're welcome. Bye-bye.

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