This is a partial transcript from "On the Record," February 8, 2006, that has been edited for clarity.


GRETA VAN SUSTEREN, HOST: So what time does your client estimate he got back to his room?

ALBERT DAYAN, ATTORNEY FOR CRUISE SHIP PASSENGER: He estimates, well you see he doesn't have to estimate. We had provided the FBI with photographs, time-stamped photographs, which indicate that my — which indicate that my client was in the room at approximately 4 a.m. They had ordered a ton of room service. We actually had provided the FBI food photographs of that room service.

The food service had arrived at approximately 4:20 that morning and there's a time stamp. Of course there's an indication of a seven hour lapse of difference in time between New York and the time of the cruise.

VAN SUSTEREN: Right but about four o'clock that time.

DAYAN: Four-twenty to be precise.


VAN SUSTEREN: Joining us live in Miami is James Walker, Jennifer Hagel Smith's lawyer. Jim, is that possible? I know you dispute that his client, as Albert Dayan says, was in his room at four o'clock and got room service at 4:20. Clear it up for us.

JAMES WALKER, ATTORNEY FOR JENNIFER HAGEL SMITH: Well, the official ship records show Clete Hyman making a noise complaint at 4:05, so we know that the four men are in the cabin at 4:05. That can't be disputed.

And then, the noise continues on and Mr. Hyman hears arguing. The arguing goes out onto the balcony. We also have the passengers in the adjacent cabin on the left hand side, Pat and Greg Lawyer, and they also heard noise, which was consistent of violence in the cabin.

So, this noise continued from 4:05 to 4:10 on to 4:15. Now, George and Jennifer's cabin is on deck nine. I know you've been on the ship. These hallways on the ship are humongous. The ship is almost 1,000 feet long. It's almost as big as the Empire State Building.

So they would have had to have left the Smith's cabin on deck nine, go all the way down to deck three. The Kaufmann and Rosenberg's (ph) cabin is way down on deck three, way out over the bow of the ship. It would take a long time to get from that distance, to cover that distance.

VAN SUSTEREN: Let me ask about this time stamp. It seems to me that it's quite possible that you can be confused about the time. It would seem less likely to me that sort of a time stamped room service, I assume that the ship is rather precise and would keep track of when things happen, when things are charged or ordered. Have you actually seen any records kept, maintained by the cruise company not by the four guys but the cruise company to either corroborate what they say or disprove it?

WALKER: No, we have not seen that information. We've requested that information. We know the FBI has that information. Now, Mr. Kaufmann's attorney is talking about his client's own photograph that they took allegedly at 4:20 in the morning or so at precisely the same time that George disappeared. That type of camera can be easily manipulated to alter the time sequence.

The point is though it's impossible to get from the Smith's cabin back to their cabin, order the food, the food then — and remember there's a lot of food. They made a big point of pizzas and hamburgers and hotdogs. That food would have had to have been cooked and then that food would have to have been delivered from the kitchen, which is a long, long away from their cabin to their cabin.

It also seems very strange to us that four men after a night of drinking at 4:30 in the morning, the same time Mr. Smith disappears, would have this need to somehow photograph food.

VAN SUSTEREN: Well, I'll tell you, I mean it seems to me that this is an easy one to prove or disprove but it would require the Royal Caribbean to step forward and do that.

I actually saw the pictures of all places I saw it outside FOX at about midnight when Albert was on our show in the dark and they weren't particularly persuasive to me but if they were getting room service that might be and I'd like to know the Royal Caribbean records. Have you asked them for those records?

WALKER: Yes, we've asked for all documentation both video cameras, there should be video cameras showing the men getting back to their cabin, any type of documentation. There's also documentation when the doors are opened and closed. So, we know that these men without question were in Mr. Smith's cabin after four o'clock. That has already been proven. That part of their alibi already doesn't make sense.

And, if you start from that premise that the existing documentation shows them in the Smith's cabin past four o'clock, there are noise complaints at 4:05, it is impossible to get back to the cabin, order the food and have it show up at 4:20. The ships are not that quick.

VAN SUSTEREN: And I will say that Clete Hyman told me 4:05. He was quite precise and the Royal Caribbean told me 4:05 as well, so at least we have sort of oral but I sure would like to see the receipts from their computer on the delivery and the doors opening and shutting just to verify it. Jim, thank you.

WALKER: Thank you very much, Greta.

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