Letourneau's Lawyer on Mary Kay's Future

This is a partial transcript from "On the Record" with Greta Van Susteren, August 3, 2004, that has been edited for clarity.

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GRETA VAN SUSTEREN, HOST: Tonight, the Seattle teacher who spent seven and a half years in jail for having sex with her sixth grade student is a free woman and now her former lover with whom she had two children is asking a judge to let them reunite.

Joining us from New York is Mary Kay Letourneau's former lawyer David Gehrke. Welcome, David.

DAVID GEHRKE, FORMER ATTORNEY FOR MARY KAY: Thank you, Greta. It's great to be here.

VAN SUSTEREN: Nice to see you. David, if the accuser or I don't know what word you want to use, he's now an adult, if he wants to see Mary Kay Letourneau does the law allow him to do that even though there's an order saying that she can't see him?

GEHRKE: Let's take it in the most familiar context and that would be a domestic violence case where two consenting adults want to see each other. The judge should and does very carefully look at whether or not the victim will be endangered again because the perpetrator, the defendant, has anger, substance abuse problems or whatever.

In this case, however, Vili Fualaau, the only reason this was a crime was because he was a minor. Had he been 16, it would have been legal. He's now 21. I don't think there's a legal reason to keep them apart.

VAN SUSTEREN: All right. Apparently he wants to see her. Do you know if she wants to see him?

GEHRKE: Yes. They both understand that it's necessary now that she is out and will have expanded visitation rights they have to be able to communicate about the children, who's going to pick them up, what if they run into each other at a school open house? And then, of course, there's the underlying reason too is this going to finish up as a love story? Is there a relationship there?

VAN SUSTEREN: Is there? I mean what is the story on this? I mean I realize that they have two children together and you have those sort of, you know, the visitation, those issues they have to deal with but is this a love story? What's going on here?

GEHRKE: They both think it is. They both think it was and they both want to find out if it's going to continue to be and what if they didn't try? What if they didn't explore that and they thought it was love before and then they just walked away from it?

I think both of them are thinking we've both been through a lot. The children have been through a lot. Was it worth it? Was it all wasted? And they have to get to know each other and see what that is.

VAN SUSTEREN: I guess, I mean this is peculiar, not to mention against the law but he was in sixth grade. She was about 34. Now he's 21. She's 42, if my math is right.

GEHRKE: She's still 39 and will be for a while, Greta.

VAN SUSTEREN: Well, lucky her. But I mean, he's a very different person from sixth grade to 21 and I mean it's a very peculiar, to put it politely, relationship that she had with him.

GEHRKE: It was to start with and if they renew their relationship it will still be unusual, absolutely.

VAN SUSTEREN: Any idea what she's going to be doing? Does she have any plans now that she's out?

GEHRKE: Her plans are to calm down, relax and start thinking about her future. When you're an inmate you worry about getting out and then once you're out you worry about the rest of your life.

VAN SUSTEREN: All right, well we'd love to talk to Mary Kay Letourneau if ever we get the chance and find out what her plans are. Thank you, David, very much for joining us this evening.

GEHRKE: Thank you.

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