Rita Cosby Live & Direct

January 2, 2006

Aruban officials were supposed to re-question, remember, the three suspects in the Natalee Holloway case before the new year?  So why have they not brought the boys back in?  We're going to find out.  That's coming up next.

STEVE COHEN, SPECIAL ADVISER TO ARUBAN GOVERNMENT:  It is expected that he will be re-questioned somewhere in the next 10-day period.  I doubt that they will bring him back for questioning immediately.  But it will be in that period.  And also, it is expected that the Kalpoes will also be brought in for questioning. 

 

COSBY:  Well, you just heard it.  Almost two weeks ago, LIVE & DIRECT broke the news that the three key suspects in the Natalee Holloway case would be brought back in for questioning. 

Well, here it is, 13 days later.  Joran Van Der Sloot and Deepak and Satish Kalpoe still have not answered to Aruban police and prosecutors again.  So what's the hold up? 

LIVE & DIRECT tonight is Steve Cohen.  He's a special adviser to the Aruban government.  He's the man who told us that the three suspects would be re-questioned by December 31^st. 

Steve, before we get to you, I want to show what Natalee Holloway's stepmother, Robin Holloway, told us about her conversation that she had with the Aruban prosecutors. 

ROBIN HOLLOWAY, NATALEE HOLLOWAY'S STEPMOTHER:  She said that that was misinformation, that the judge, when he released them, it was unconditional that they were unable to re-question them without them being brought in voluntarily, because they were released by the judge and they were unable to interrogate them again.

COSBY:  So, Steve, what's the hold up?  What's the discrepancy? 

COHEN:  Well, Ms. Holloway's right.  The voluntary nature of the Dutch

law exists because, if there's no new evidence that's presented or no new

re-arrests, the attorneys have the opportunity to voluntary decide to come

in or not. 

The truth is, at the end of the year, we were very enthusiastic that this process would not take a long time.  So what's transpired is that the prosecutors have sent letters to each of the attorneys requesting that their clients, Joran and the Kalpoes, come forward for re-questioning. 

I do want to add though, Rita, that no one really thought the re-questioning itself was going to be a break in the case.  It's only, you know, one piece of the case that the prosecutor's trying to put together.  And, of course, she's not going to reveal new evidence at this stage either.  She wants to withhold that until she gets closer. 

COSBY:  But how long could this take now?  I mean, what are we talking about time-wise?  Because as you pointed out, you know, you seemed pretty confident it was going to happen.  Are we talking months?  Are we talking weeks? 

COHEN:  Well, I have to say, I really think, you know, we all misjudged the process, that we were very enthusiastic at that stage in the investigation we'd be able to get this piece done and moved forward. 

Rita, I don't want to put a time line on it.  I don't think we want to get caught saying that it's 10 days or 13 days. 

COSBY:  Is there a possibly, Steve, that they could say, “Look, it's voluntary.”  Heck, why would they go in?  You know, I mean, are you confident that they will go in at all? 

COHEN:  No.  I'd have to say that our confidence level is not at the highest level. 

COSBY:  So what changed it?  Because there certainly seemed to be a level of confidence.  Did all of a sudden the attorneys say, “You know what?  We thought about it.  Forget it.  Why would we put our clients in that kind of jeopardy?”

COHEN:  Yes, I think what's happened here is what you would expect in any system, Dutch or U.S., which is that the attorneys have said, “Let's give this thoughtful consideration.  What do they have that we don't know about?”  We go in there thinking we're going to talk about the general scope of the case, and they're going to ask us questions that we just can't answer. 

COSBY:  But didn't they know that going in?

COHEN:  Of course, that's what we hope will happen.

COSBY:  But didn't they know that going in, Steve?  I mean, come on.

COHEN:  Well, I think they—it's plausible that they knew that going in.  But, I mean, you know, this is a cat-and-mouse game between the suspects, between their attorneys and the prosecutor's office.  This is not something that's uncommon.  The prosecutor is very skilled in this area, though, I must add, and I think that she will prevail. 

COSBY:  Let's hope so.  Steve Cohen, thank you very much.  Always good to have you on.  We appreciate it. 

COHEN:  Thank you. 

COSBY:  So what effect does this have on the Natalee Holloway case?  And also, what about the possibility of a rape charge?  Remember, Joran Van Der Sloot spoke with “El Diario” newspaper saying that he did have sex with Natalee when she was sort of going in and out of consciousness. 

LIVE & DIRECT tonight to talk about all this is sex crimes prosecutor, Stacey Honowitz. 

Stacey, let's first talk about what Steve was just saying.  You know, he seems confident that, maybe at some point, they'll come in, but boy, did this hit a roadblock. 

STACEY HONOWITZ, FL. SEX CRIMES PROSECUTOR:  Yes.  You know what, Rita?  The difficult nature of this whole thing is, in the very beginning, when this investigation was screwed up, when they didn't bring these people in or they let them go too quickly, when they didn't seize the evidence, seize any kind of DNA, the computers, the cell phones, anything of that nature, now they have to look back at everything and really try to make a case. 

I mean, why would these attorneys now bring in these kids to talk to the prosecutor when they've been out all this time, they've had an opportunity to speak to the father, who's a judge...

COSBY:  Do you think it'll ever happen, Stacey? 

HONOWITZ:  ... who obviously was the one who told them to...

COSBY:  Do you think it'll ever happen, or do you think they're going to dodge it?

HONOWITZ:  So I think that, no, realistically, I don't think these people are going to come in voluntarily.  I think that, if more evidence is brought forward, if somehow there is a break in the case, if maybe her body is found, if they can get a warrant issued, then they can arrest them.  But as far as the attorneys bringing them in voluntarily, I don't think it's ever going to happen. 

COSBY:  Stacey, what about the new news, too, that Joran Van Der Sloot did this interview with “El Diario,” the big newspaper there on the island, and said, yes, he had sex with Natalee Holloway when she was going in and out of consciousness.  Isn't that enough to drag him in for re-questioning?  That's a lot different than what he's told authorities.

HONOWITZ:  Well, I mean, you can drag him in because he made an inconsistent statement.  You could try to get him in and try to convince the judge that no it's not voluntary, that we have some new evidence. 

But in a rape case, Rita, it's going to be very difficult.  First of all, you didn't have her to testify that she didn't consent to the sex. 

COSBY:  But in and out of consciousness...

HONOWITZ:  You don't have that victim to talk about that.  But if you don't have that victim to talk about that, “I didn't consent, I didn't know what was going on,” then you don't have a rape case.                 

So really, from day one, from everything that has gone wrong in this case, like I said, now they're trying to backtrack and trying to make a case.  And as we all know, that's very difficult. 

Hopefully, somewhere down the road, there will be a break, but I don't think it's going to be from these kids coming back in and talking.  They've tried it before. 

COSBY:  Oh, what a frustrating process.  Stacey, thank you very much. 

We appreciate it.  Thanks a lot. 

HONOWITZ:  Thank you.