Satish Kalpoe's Lawyer Goes 'On the Record'

This is a rush transcript from "On the Record ," November 30, 2007. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: We have on the phone Satish Kalpoe's lawyer, David Kock.

David, I don't get it. The judge says your client is to be released and he's not out. He's got to wait until tomorrow. Why?

DAVID KOCK, ATTORNEY FOR SATISH KALPOE: Well, you know, that surprised us, Greta, because, of course, we are happy that they have to be released tomorrow. I mean, if I would be in the shoes of the DA, I would take the decision of the judge very seriously and immediately release these people. But he has the possibility to use this instrument of the law granted him, so we have to wait just until tomorrow. But then we know tomorrow what's going to happen.

VAN SUSTEREN: David, after the lawyers — after hearings, lawyers run into each other in the hall. Did you run into the chief prosecutor, and did he say anything to you?

KOCK: No. No, no. We — you know, we try to be diplomatic also with him on this case, so we don't go into arguments about the case in itself when we meet him.

VAN SUSTEREN: So is it — do you think the prosecutor is finished with your client? I mean, I know that his public statement was that he was not finished with him, but he certainly got his nose bloodied today.

KOCK: Yes, you know, I mean, finally, the judge confirmed what we have been saying since they were arrested nine days ago, that you know, what he presented is not new evidence. It's not sufficient evidence. So I think it's a loud and clear message now for the district attorney.

VAN SUSTEREN: All right. There was a gag order on this and you couldn't tell us. Now can you tell us what the prosecutor thought was this new and incriminating evidence that he picked up your client?

KOCK: Not that there was a gag order or not. You know, like we said when we spoke to you at the office, you know, they kind of reshuffled things, tried to put them in a different light. But nothing really new, Greta. There was really nothing new. There was nothing really to warrant their arrest. I'm glad the judge confirmed it.

VAN SUSTEREN: What was the new light? What did the prosecutor think?

KOCK: Well, you know, it's hard for me to judge for him. I don't know. I think, to me, they needed, you know — or they wanted time with the defendants. You know, maybe they thought that by having them arrested, having them in deposition, by putting pressure on them, maybe something would happen, you know, as a last effort ditch (SIC) because of the deadline of December 31. So that's what our thoughts were. And seeing that, you know, they didn't interrogate them as much as they would wanted to, and they weren't confronted with anything new, I mean, I think that confirms that our position was the right one.

VAN SUSTEREN: I'd love to see those 13 pages you held up in your office. Will I get a chance?

KOCK: Maybe on the next time when we meet (INAUDIBLE) depending on which phase that this all will be.

VAN SUSTEREN: All right, David. Thank you very much.

KOCK: You've very welcome. Have a nice weekend.

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