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David Kock 10/29/2006 Interview - from Heli at RU
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David Kock 10/29/2006 Interview - from Heli at RU
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October 29, 2006, 10:06:40 PM »
Dana Pretzer Oct 29/06 DAVID KOCK Transcript
Dana Pretzer and David Kock, Attorney for Deepak and Satish Kalpoe.
October 29, 2006
NOT VERYBATIM NOT COMPLETE
Dana:
This case has been in the media for some time now. Many of us including the person I have on the phone would like to get some answers to conclude this case. Everybody would like to have a competent investigation done. On November 1, D & S Kalpoe will be going to Court to ask that they no longer be considered suspects.
On the line I have David Kock. Again, I apologize my intention is not to put you on the spot, it's a difficult case with all the worldwide attention that's been given to it.
Probably everyone would like to have it concluded and get answers
David:
My client also wants this case to be over one way or the other. From the authorities there are no conclusions, they are trying to force one, they don't want it to keep going on like this.
Dana:
SOme say it's been bungled from the beginning. As a defense attorney, some would say it's a perfect case, that you expected this would go to a murder charge. What are you thoughts
David:
It's always very easy to say what could have been done better. If you have a small island you can compare to a small town in america, you might say in retrospect it could have been done better. AT a certain moment the whole case was given over to Holland and none of those have been able to come up with any answers.
It's always easy to fingerpoint, but that's always after the fact that it becomes much easier.
Dana:
What happens on November 1
David:
We find nothing is happening in this case, we want it to move on. We are asking the Judge to tell the DA bring us to trial or dismiss the case. We cannot be for so many months doing nothing. Last time they are going to have a show on Dutch tv 9,000 kms from here, what are they going to find out there. It seems that whenever we start saying you have to do something, finish this they come up with some other thing.
Dana:
The timing of the Nov 1 appearance and the fact that a cold case squad from Holland was reinvestigating the case has come up, comment if you're successful in court, how does that affect the cold case detectives
David:
... I must say it was somewhere in July that we submitted this reqeust, and once again the Judge because of the high profile of this case, because everybody is looking he decided not to make a decision but wait 3.5 more months to see if the DA can put the case together or not.
It's not that we put the date to November 1, it's been something put over for 3.5 months. We see once again some activity is taking place.
If we're successful, the Judge will say take it to trial, or he will say dismiss the case.
It would not affect any Court case, but of course for the record my clients would not be suspects, which also means the investigative authorities cannot compel them to come in for questioning. They can't force anything on them.
Dana:
In North America we've scratched our heads about your law. One question, if you're successful, your clients couldn't be forced to come in for questions,could they volunteer with your assistance to come in as witnesses
David
Possible, we'd have to evaluate at the time. Of course, it's not something that an ex suspect is going to be doing voluntarily
Dana:
It's human nature to protect yourself, but in the COurt of public opinion and court of law, it helps if you're not directly involved to come forward and help and it's appreciated
David:
My clients have given very many statements to the police answering all the questions, of course you cannot deny that in the first few, 2 days, they told the story that the other suspect wanted them to tell. They were thoroughly interrogated and answered everything. It'snot that they are hiding something and prefer not to talk.
Dana:
We're discussing the November 1 Court appearance to determine whether his clients will be suspects.
On Novebmwer 1, will there be a Petition to the COurt for financial compensation
David:
No, that is not going to be a request. We're asking to take it to trial or dismiss it, no financial compensation
Dana:
Cold case talking to your clients?
David:
No no, they haven't been approached. Last time that my clients answered police questions was a year ago. In the meantime they haven't been approached by the Dutch, not by the FBI or anybody.
Dana:
What do you make of Joran first saying that Deepak picked him up then Satish. Did your clients pick him up
David
No, not at all. They said they did not, that hasn't changed. YOu know that's one of the discrepancies, but they never indicated that they picked him up. It's a matter of elimination, you confront them and the story changes
Dana:
Joran's lawyer, Tacopina has claimed that after Deepak was released he sent a friend a message that Satish did pick him up
DAvid
No, when they say things and don't present the proof then you can't take that as fact
Dana:
Deepak was in the car running when they left C&C any explanation for that.
David:
That has not been the story of my client. I don't know where that comes from
Dana:
I talked about the court of public opinion. I don't know how important that is to your guys, obviously this last period of time this has turned their lives upside down. What are their thoughts about finally being able to get on with their lives?
David
that's what they would prefer right now. I think basically it's one of the reasons we are doing waht we're doing on November 1.
We could just wait and after so much time the statute of limitations would expire, but if there's no activity of the prosecuting authority the Court says you must release those suspects. We are taking the active position to try to have something happen. Either a trial or dismiss this case. Everybody has looked at it, the Dutch, the Arubans and we have to dismiss the case.
Dana:
Is there an appeal process? Charges are filed lets's say and you take this to Court. Can you appeal the process as far as Show Cause or Preliminmary hearing. Can you take the DA to Court and tell her show the evidence
David
There's a procedure like that, but that's not what we're doing. Once the Summons goes out for the COurt date, you can appeal that, but we're not in that phase. We're going after the DA to either do your thing or get off the pot, you cannot keep this thing alive artificially. Something has to happen.
Dana:
If it was your daughter, and the last 3 guys were arrested and lied about their involvemnet, wouldn't you think they were guilty? Joran said to Fox I don't blame them for that, I was if I was looking from the outside, I'd have something to do with it, that just doesn't make sense either. Joran has said many times your clients are lying.
I think, we should get some kind of an answer from your clients as far as it's a he said he said, Joran is blaming your clients ..
David
I hope it comes out eventually, I mean look to set the record straight, my clients do not owe the public anything. This is not something they have an obligation for, they want it to come to an end. If you are the 3 persons who were alone with this girl, everybody will look at that.
If two of the guys say I don't have any answers, they don't have the answers. In the States you have cases like that, look at OJ Simpson.
Dana:
It doesn't mean they're not guilty. It's one of those things. Our system is a pretty good system, but when a family has a missing loved one and they don't get the answers they hope to get.... Hopefully all parties can sit down and decide they'll do the right thing.
David you're a stand up guy, I hope you come on with me again and update us.
Are you prepared to take it to trial?
David;
Yes, we were the ones who wanted to go to trial or dismiss it.
Dana:
You don't represent Joran van der Sloot at all, do you?
David:
No no no, that would be a very big conflict of interest.
Logged
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