Kendall Coffey - Attorney At Law

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CNN Headline News
Re: NATALEE HOLLOWAY / Joran Van Der Sloot�s new tape (Clip From YouTube)

RICHELLE CAREY: How in the world is he still free? Van Der Sloot spent the day being questioned by Dutch investigators and pledged to answer any questions, and you can bet many of those focused on these new tapes of him discussing his night with Holloway.

Let�s bring in law enforcement expert Mike Brooks and from Miami is former U.S. attorney Kendall Coffey. 

Let me start with you Mike. Why hasn�t he been arrested yet? It has been so long; little pieces of information keep trickling out. Why has he not been arrested yet?

MIKE BROOKS: Again and again and again you know we are back to square one, Richelle. But the chief prosecutor in Aruba has said right now that so far the threshold to rearrest him has not been met. So right now there�s kind of an appeal process going on and there�s a three-judge appellate panel that has eight days to take a look at everything and decide �okay are we going to re-arrest him or not?� Now, is the evidence and the information they are trying to glean today from the interview in Holland now - will that play into this? Well sure it should and I think Kendall would agree with me. We have been through this three other times. You know the whole thing is the roller coaster ride that Natalee Holloway�s parents are on every time they hear something like this.

RICHELLE: It just keeps on coming and coming. Let�s remind everyone where we are. We are going to play one of the most compelling clips from the secret tape that has been released where Joran talks about - this is a quote, �They are not going to know a thing.� Let�s go ahead and play that tape right now.

(Joran - translated): He took the boat, he went far out and he threw her over the side. Then he came back and he docked his boat there. And he came by my house for a bit, at night. Then we talked for a bit and he says to me - You know it�s all good � she�s going to be missing � they�re going to search, but they�re not going to know a thing.

RICHELLE: Okay, Joran there he is talking about a friend of his that he said he brought into this whole scenario to dispose of Natalee�s body. Is a clip like that - a tape like that, Kendall, is that admissible in Aruban courts?

KENDALL COFFEY: Well, the prosecutor said so and the reason is that while it might seem sort of questionable to undertake this male-bonding hours-of-pot smoking strategy to get somebody to talk, it was all done by private citizens acting without orchestration of law enforcement, so because it was private individuals rather than public authorities that set this whole thing up. It appears that that tape will be admissible. 

RICHELLE: Mike, if you could get your hands on him today, Joran�s attorney had said that there is no question that�s off the table here. He has said my client will answer any question today. If you were to get another shot at him to ask him more questions, with a tape like this being out today, what would you want to ask him today?

MIKE BROOKS: You know, not only would I want to find out what his state of mind was when the tape was made, I think he has probably been asked every conceivable question by Aruban prosecutors, by Dutch prosecutors and I�ve always asked why? I know it�s a great investigative tool and as an investigator, I�ve used it before. Do the Dutch use polygraph? Why hasn�t � okay if all this is a lie as his attorney Joe Tacopina says � okay well let�s give him a polygraph just to find out and just to get a baseline. Is he being truthful about it? You know I mean, yes, it might not be admissible in United States courts and possibly in Dutch courts or Aruban court, but I still think it�s a great investigative tool.

RICHELLE: Kendall, do you think he�ll ever actually be arrested.

KENDALL COFFEY: I do and he hasn�t been arrested so far now because it is still in the investigative stage. No formal charges have been brought. Aruban laws allow you to arrest somebody before the investigation�s over if it is serious enough stuff, strong enough evidence for something like murder, but they can�t sustain that. It doesn�t mean that at the end of this investigation there won�t be charges brought. There could be things like disposing of a human body. There could be things like failing to render aid to someone in need, but the fact that there are lesser charges even if it means there�s lesser justice � it is better than no justice at all for Natalee Holloway.

RICHELLE: And I�m sure Natalee�s mother, Beth Twitty, would agree. Former U.S. Attorney, Kendall Coffey, thank you for that. � And I saw you nodding in agreement. Law Enforcement Analyst, Mike Brooks, thank you.


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