This is a rush transcript from "On the Record ," November 26, 2007. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, HOST: All right, admit it. We all want to know what is this new incriminating evidence. Is it wiretapped phone conversations, as some are reporting?
Here's more from our interview with Satish Kalpoe's lawyer, David Kock.
(BEGIN VIDEO CLIP)
VAN SUSTEREN: Do you still represent both Kalpoe brothers?
DAVID KOCK, ATTORNEY FOR SATISH KALPOE: Yes. I represent them both. The only thing is that we have a limitation these couple of days. Last week, the judge confirmed on the request of the DA (ph) that we do not have contact with one of the defendants, one of he brothers, because they think there might be a conflict between them.
VAN SUSTEREN: Which is standard?
KOCK: Which is in itself not strange, were it not that we're two-and- a-half years further down the road. We represented both clients two years, and if we wanted to have something set up, or something like that, there would be sufficient time to have done it already. So I don't see the reason for it now.
VAN SUSTEREN: Whose idea was it that there might be a conflict?
KOCK: It was the D.A.
VAN SUSTEREN: Typically it's not his business. It's the two clients' problem and not the D.A.'s typically.
KOCK: Yes. But in the light of his concern for the investigation and the truth coming out, he won't want the brothers trying or getting information by the same lawyer what one said and what one did not say.
VAN SUSTEREN: Who do you have contact with, which of the two?
KOCK: Right now I represent Satish, because he was our first client.
VAN SUSTEREN: And I remember Deepak in the beginning was represented by another firm.
KOCK: That's correct.
VAN SUSTEREN: Have you spoken to your client since he has been in custody?
KOCK: Of course. We try almost daily to keep in touch with him.
VAN SUSTEREN: Does Deepak have a different lawyer?
KOCK: Yes, we arrange for one from another law firm. And we are having, Thursday, the appeal against that decision not to represent him. So we hope that we can take that case back also again very shortly.
VAN SUSTEREN: Did you know they were going to be picked up?
KOCK: Not at all — it was a surprise to us.
VAN SUSTEREN: No indication, none whatsoever?
KOCK: None whatsoever. It was a real surprise.
VAN SUSTEREN: Since the new chief prosecutor came to Aruba in May, has he asked to speak to your clients?
KOCK: Since May? No.
VAN SUSTEREN: Not once?
VAN SUSTEREN: How about the police?
VAN SUSTEREN: Would your clients have voluntary spoken to them?
KOCK: If they were called, they would have appeared there. A different matter what is to be understood on their voluntarily — because their position is that they have given so many statements already about this thing, and they don't want to go just into repeating and answering the same kind of questions.
There is nothing new. The position is they have nothing new to say or to add.
VAN SUSTEREN: Are they being held in two different facilities?
KOCK: Yes, two different police stations.
VAN SUSTEREN: Has Satish been interrogated since he's been picked up?
KOCK: Yes, he has been interrogated.
VAN SUSTEREN: What kind of hours are these interrogations?
KOCK: Not many hours. I think even the D.A. is thinking that there is not much against them. But they keep treating the same group, they keep them together. So I think they want to also not have them arrested and not interrogating them.
VAN SUSTEREN: Are you present for all of the investigations?
KOCK: No. In our system it doesn't work like that.
VAN SUSTEREN: According to the press release, they have "new evidence."
KOCK: That's according to the press release. The documents that we have received for Satish doesn't show that.
VAN SUSTEREN: Are they obliged to turn over to you what they believe is new evidence at this point?
KOCK: Yes, but not constantly. So something might be new and we might get it in a couple of days after they have had it.
VAN SUSTEREN: But in terms of the new evidence that provoked this arrest of Satish, you have you that "new evidence" in your possession?
KOCK: Yes, I do.
VAN SUSTEREN: Describe it for me. What kind of evidence is it?
KOCK: It is — actually, most of it is they analyze the videos of the interrogations of two-and-a-half-years ago, and new experts thought that certain parts of it that were not noted in the document of investigation were important and, therefore, new.
VAN SUSTEREN: So is it inconsistencies that are "new," or is it actually, oh, my god, here is a new piece of information?
KOCK: No. No new piece of information.
Actually, it's just the detectives, the team in the investigation now, is of the opinion that certain things that were said that were not noted are important now. And that's why it's new.
So it's new because they call it "new." But actually they just shook it and picked something up.
VAN SUSTEREN: Why would the prosecutor pick these three up? He puts his career on the line if it really isn't new.
KOCK: Yes. Once again, we cannot speak for Deepak at this moment, and Van Der Sloot. So we do not know if in their documents there is something really new.
I can only speak with regard to Satish. And, like I said, I think too much they think I cannot detain one without maybe the other. I don't know if that is the reasoning that they're using, because, in any case with our client, there is insufficient, nothing new, that would scare us or give us other thoughts on the developments of the case.
VAN SUSTEREN: Is that the new evidence, right there? Can you pick it up and just show it? That's what it is?
KOCK: Yes, that's what it is. It's 12 pages summarized, and the other documents are just supporting documents.
VAN SUSTEREN: So 12 pages. And that packet, you don't know if Deepak and Joran got an identical packet?
KOCK: That's correct.
VAN SUSTEREN: They could have gotten different packets?
KOCK: Yes, because it might be new things only pertaining to them. We don't get in this phase of the investigation the whole file of everybody. We just get what pertains to our client.
VAN SUSTEREN: On a one to 10 scale, 10 being really powerful evidence against Satish in these 12 pages, and zero being zero, where are we standing on that?
KOCK: I think minus one.
VAN SUSTEREN: Minus one? OK, so we're below that.
How old is Satish?
KOCK: Right now he is 21, 22.
VAN SUSTEREN: How is he doing?
KOCK: Well, of course, he is not happy with this development. Again, this is during school time, and he is being arrested, with all the consequences of that.
But, other than that, and being uncomfortable where you are, of course. But part of that, he is not worried or anything. He is like let's try this, and like we did in the past with many other different things. So he is confident that it will be all right.
VAN SUSTEREN: Since the new prosecutor came in in May, have there been warrants executed against Satish and Deepak?
KOCK: Since May — I don't know the exact date. The last one was when they did the check of the house to do the test with the signals of the phones, et cetera. I can't recall right now if that was May, or if it was just around that time.
But other than that, let me tell you, in the new documents that they have presented, the latest one was of June of this year. That was five months ago.
VAN SUSTEREN: Is there any new evidence related to computer equipment, content of internet postings, or e-mail, or anything like that? Text message?
KOCK: Yes. They had some phone-type records, and some chat sessions.
VAN SUSTEREN: Because that's what we are piecing together as the new stuff that has to do with something that was put in a postings, chatting, e-mail, that kind of thing.
KOCK: That's what they're saying. But, in respect to our client, no.
VAN SUSTEREN: So they're saying it about Deepak and Joran?
KOCK: I don't know.
VAN SUSTEREN: But not to your client?
KOCK: No. Not as it pertains to my client.
VAN SUSTEREN: What do you know about the new prosecutor? Have you met him before?
KOCK: Yes. We have many cases. It's a small island, so we meet each other a lot.
VAN SUSTEREN: And Thursday is the big day for whether you represent Deepak?
KOCK: Yes, that will be the hearing. I don't know if the ruling will be the same date, but that will be the date of the hearing.
VAN SUSTEREN: Any new evidence on Joran that you know about?
KOCK: Not that I know.
Content and Programming Copyright 2007 FOX News Network, LLC. ALL RIGHTS RESERVED. Transcription Copyright 2007 Voxant, Inc. (www.voxant.com), which takes sole responsibility for the accuracy of the transcription. ALL RIGHTS RESERVED. No license is granted to the user of this material except for the user's personal or internal use and, in such case, only one copy may be printed, nor shall user use any material for commercial purposes or in any fashion that may infringe upon FOX News Network, LLC'S and Voxant, Inc.'s copyrights or other proprietary rights or interests in the material. This is not a legal transcript for purposes of litigation.