Imus in the Morning program, April 19, 2006
(broadcast from NY)
Don Imus
telephone interview with Joe Tacopina (8:30 am)
Not verbatim. Not complete. But very close to accurate!
Don: Please
welcome now to the program, our old friend, defense attorney, Joe Tacopina.
Good morning, Joe.
Joe: Good
morning, guys.
Don: How are
you?
Joe: Good, how
are you?
Don: So, don't
you represent somebody in this Natalee Holloway deal?
Joe: Yeah, I
represent the kid who's been dragged through the mud for the last 11 months,
Joran v/d Sloot and his family.
Don: Aren't
they the people Bo Dietl got in a fist fight with or something?
[laughter]
Joe: I knew I
was on the right side of the case when I saw a video of Bo shoving a summons of
complaint down my client's shirt when he got off the plane. Yeah, that's the
one.
Don: Well, what
was that all about?
Joe: That was
about them filing their lawsuit in NY. We have this great lawsuit that's been
filed by the Holloway family in NY against Joran and his Dad, over what they
call a conflict that occurred in Aruba, charging Alabama law. And, I guess they
think NY taxpayers should fund this one. So they want to try it in NY. But we
moved to dismiss that. Bo is the process server who served Joran when he got
off a plane in NYC.
Don: Why weren't
you there, defending your client? Punch Bo in the mouth, when he tries to shove
this thing.
Joe: Thanks to
Bo's work, I was retained a day later.
Don: Oh, you
were?
Joe: Yeah,
that's when they hired me.
Don: So this
kid didn't kill her?
Joe: Imus, let me tell you something, they
contacted me a week before I decided to sign on board. The reason I didn't
agree right away because this is not just a case where you go into court and
defend someone pursuant to the constitution and canons of ethics. You aren't
the judge for the execution as a defense lawyer. For the most part, it's not
really a relevant factor if he's guilty or not. You're supposed to defend
within the confines of the constitution. But in this case, it's more than just
defending Joran in court. To defend him properly, you had to go out there and
sort of prove his innocence. And, make statements like I've been making. I'm
certain he had nothing to do with her disappearance. But before I did that, I
didn't want to look like a total idiot. You know how hard that is for me to do.
[laughter]
I figured I'd try and do a little investigation first and
make a determination. A week later, I came back to the v/d Sloot family and I
said that I had absolutely no problem in representing him. And, I am certain
he's going to be cleared. And I think that within the recent days, that the
evidence has unfolded, that's going to start peeling away this investigation
from Joran.
Don: I haven't
followed this as closely as apparently everybody else has, because, I don't
know why. I don't know.
Joe: I had not
either. I'll be honest with you. It's not really a local story or anything. But
I'll tell you, there's a sub-culture of people out there who watch the cable
news shows at night.
Don: Oh I know.
Joe: Honest to
God, I get maybe 75 emails a day on this case from people who watch -- who love
this kid and feel bad for his family; and those who hate this kid and despite
any lack of facts to support their conclusions, they think he's a murderer. And
then, I get people who have solved the case. It's unbelievable. It's like the
Da Vinci code, this thing. It's almost like it's become an obsession with some
people -- to try and find out what happened.
Don: Here's
what little I know about it, and then you can tell me if I'm wrong. But did he
have any contact with the Holloway girl at that nightclub on that night she
disappeared?
Joe: Oh
absolutely.
Don: Oh he did?
Joe: Oh sure,
sure. He left her on the beach about 2:40 am in the morning.
Don: He left
her dead on the beach?
Joe: No, she
was quite alive. A little intoxicated, but quite alive. And this kid, Joran,
has phone records to back up his phone call to his friend to come and pick him
up at about 2:40 am.
Don: Why did he
leave her on the beach?
Joe: Why? Or, when?
Don: Was he
hosing her on the beach or what?
Joe: Let me do
this thing in a condensed explanation. He meets her at a bar. They leave.
Joran's a nice kid; an attractive kid. They leave the bar with two of their
friends and they get dropped off at a beach near her hotel. Not too far from
her hotel.
Don: How many
of them in the party?
Joe: It wasn't
a party. It was a bar they were at.
Don: No, how
many people were dropped off at the beach, you moron.
Joe: Oh, no, just Joran
and Natalee.
Don: Oh, okay.
Joe: Joran's
two friends dropped him off at the beach. He walked with Natalee.
Don: Hang on
one second. What, Charles?
Charles: [Don Imus' sidekick] Don't
cross-question the lawyer in this case, for crying out loud. And there's no
necessity -- you merely misunderstood what you were referring to as party. Had
they been in the bar or were you referring to the party of apparently four
people.
Don: Yeah.
Charles: That's
a very logical thing for him to have misinterpreted you, thinking you were
referring to the bar they had just left. Don't call this man a moron!
Joe: Thank you
Charles. Did you get the bottle of wine I sent you yesterday?
[laughter]
Charles: Yes, I
did Joe. Thank you.
Don: So Joran
and Natalee, there's just the two of them that got dropped off by somebody?
What? These other two little squirrelly-looking guys?
They dropped these two little rug merchants -- the two little rug merchants
drop Natalee and Joran off at the beach, right?
Joe: That's
right.
Don: Near the
hotel.
Joe: Near the
high rise hotels. They walk toward the fishermen's huts and they're on the
beach for about a half hour. Joran, who's been an honor student all his life,
had a final exam the next morning and about 2:45 am, told Natalee he had to go.
It's time for them to take her back to the hotel. He had to go. And she didn't
want to leave. She said, I'm staying here, I don't want to go. Stay with me
tonight. Stay on the beach. And this is where he makes the mistake that he says
he'll regret the rest of his life. He then called his friend at 2:40 am. His
records back it up, Imus. And he says, this girl wants me to stay on the beach. I'm not staying.
I have a test at 8:30 am. Which, he did. That's verified. He went to the test.
He got 98 on this test, by the way. He took the test and passed it.
He then gets a ride home and he's on his own computer,
with his own password, at about 3:10 am. So the computer and phone records back
up his story. That's his story. He has an alibi that shows he didn't have
enough time to kill and dispose of a body.
Don: When he
calls, and made the telephone call to some friend of his, who was that friend,
and what did the friend do?
Joe: That was
the same kid who dropped him off; one of the Kalpoe brothers.
Don: Okay, then
did they come down to stay with Natalee, or what?
Joe: No. One of
the brothers came back and picked up Joran.
Don: Oh, I see.
Joe: At a spot
down the beach a little bit. And Natalee? Joran left
her there.
Don: On the beach?
Joe: On the
beach. She was certainly drunk. She certainly looked like she was. You know,
borrowing a phrase from the plaintiff's complaint, fading in and out of
consciousness. And he left her there.
Don: Drunk on
the beach?
Joe: Drunk on
the beach.
Don: What a
charming young man you're representing here.
Joe: Well, you
know what? Listen. He's a 17-year-old boy at the time. And I'll tell you, he's
been through hell and back. He regrets that he did that.
Don: Well what?
That he's 17? He can't make a judgment? I was 17 in the Marine Corps.
Joe: Well
that's a scary thought.
Don: Well, no,
but I'm just saying that's a lame excuse. That he's 17 years
old and can't make a judgment about someone who is in and out of consciousness,
drunk on the beach.
Joe: That's not
an excuse. It's a mistake. And he admits that mistake. But he has obviously no
legal obligation. It doesn't make him a murderer. He hates that happened. But
the long story short is that he leaves her on the beach. He goes home. He's on
his computer. She says she's going to walk back. And that's the end of it. We
don't hear anything else until the next day when her family arrives and
approaches them in a very aggressive manner. But listen, interestingly, the
people -- the guy who was just arrested, and there are two more people who are
about to be arrested, are all members of this beach patrol.
Don: Right.
Joe: The beach patrol are basically the people who are supposed to be
patrolling that beach, 24/7.
Don: Oh, I see.
Joe: So you
understand where this may be going?
Don: Yeah.
Joe: So, his
story has been corroborated. And the kid they have in custody now -- the judge
just agreed that the prosecution met her heavy burden in holding him for
another eight days. Because, they've obviously put forth some evidence that he
has some involvement in her disappearance.
Don: I'm
talking with Joe Tacopina, the defense lawyer who's representing Joran v/d
Sloot, or whatever his name is. Yeah. In this Natalee Holloway mess. What do
you think happened to her? What do you think?
Joe: Well, I
know what I think. But, you know…
Don: What do
you think?
Joe: Let me say
this. Let me just preface here that I loathe… In this case, I really don’t want
to speculate. Because that's all that's happened in the last 11 months; and
I've seen a kid and his family be destroyed over the fact that people are
speculating…
Don: Oh, okay.
Joe: That this
kid is a murderer, a predator, and all the things he's not -- saying some very
hurtful things. I don't know what happened to this girl. I've heard theories.
But if you follow what the prosecution is doing now; you know, the fact that a
member of the beach patrol, and perhaps three members of the beach patrol, are
about to be brought in and charged, possibly with her murder -- I think the
conclusion may be not that far off.
[Joe and Don discuss Joe's other client, Jared Paul Stern,
of the NY Post's Page Six column, and the Duke rape case.]
Don: You have
to take a shower after talking to you about your clients.
Joe: You know,
I've heard some of the other people you've had on this week, and the
presumption of guilt seems to be the way to go here. But I have a problem with
that.
Don: So do I, by the way.
Joe: I represent
a kid like Joran v/d Sloot -- and can actually help someone get out from under
a rock that looks like it will never get off him. It makes me feel pretty good.
So, I don't think I need to shower. As a matter of fact, I don't think I'll
shower for two days because of that.
Don: Nancy
Grace's already got these people convicted.
Joe: Nancy does
what she does. She's very good at it. Nancy and a bunch of other people go on
TV and presume guilt at all times. And Joran? I have a
list of people. Imus.
When I want to collect some money for Joran and buy him a house, I'm going to
draw up some lawsuits on some people at the end of this case, for libel and
slander. Because people have actually gone out and called him a murderer; and
they better be ready to back up those words. And I know who they are. And we're
going to make an example of a few people. I'll tell you that much.
Don: Oh you
aren't going to do anything.
Joe: You watch.
You call him a murderer; right now.
Don: Well I
don't watch these shows. I don't know anything about the case. Why would I do
that, you moron.
Joe: Well, no
one else knows anything about the case, but they call him a murderer.
Don: You're a
murderer! [laughter] You're a murderer, a phony, and a
pretty boy. Well, thank you, Mr. Uh…
Charles: Tacopina.
Don: Tacopina.
Joe: Thanks,
Charles.
Don: …for
agreeing to appear on our program and talk about your client. So. Interesting stuff.
Charles: It is.
Joe: It is. And
I'm glad you liked my perspective on the Duke case, too.
Don: Well, I
agree. We don't know what happened and to convict these people already, seems, just based on… That's why I don't watch
these shows. They're tedious.
Joe: Well, a
bunch of talking. Whenever I see these cases where there's a woman who's an
alleged victim, you know it's almost as if you cannot challenge them because
they're a woman and a woman has a right to say no.
Don: Sure.
Joe: But you
have to look at the underlying facts. When I was a prosecutor and someone
brought me a case that he had an eye witness
identification, made a month after the event, by a witness who was intoxicated;
I would be very uncomfortable.
Don: You know
what would be worse than being stuck on that Roosevelt Island tram for 12
hours?
Joe: Stuck on
the Roosevelt Island tram for 12 hours with me?
Don: Right.
Joe: Exactly.
[laughter]
Bernard: [Don Imus' producer] By the way, Bo Dietl did call
this Joran v/d Sloot a murderer.
Don: Exactly.
You gonna sue him?
Joe:
Fortunately for Bo, my friends get immunity. I'm going to give all my friends a
pass.
[laughter]
Don: Thanks
Joe. Joe Tacopina, here on the Imus
in the Morning program.