Abrams, Aruban girls and charges






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ABRAMS: Coming up, an Aruban girl reportedly ready to come forward and say Joran van der Sloot drugged and made unwanted sexual advances. What effect could that have on the Natalee Holloway case? Stay with us.

ABRAMS:
We‘re back with more on the developments out of Aruba that a young Aruban woman is planning to tell authorities that Joran van der Sloot, the lead suspect in Natalee Holloway‘s disappearance, drugged and forced himself on her months ago. Local paper “Diario” is citing her attorney as their source. So how would that affect the current investigation and maybe any future charges?

Joining me now is MSNBC analyst, former FBI investigator, Clint van Zandt and Aruban attorney Chris Lejuez. Mr. Lejuez, let me start with you. As a legal matter, if there are other allegations out there like this and if Joran van der Sloot is tried for Natalee Holloway‘s murder, could they use these against him?

CHRIS LEJUEZ, ARUBAN ATTORNEY:
Well, first of all, if she files—if this young lady files a criminal complaint, perhaps the prosecutor will have that as a—or use that as a reason to re-detain Joran van der Sloot or detain him again on the basis of the new complaint and that would mean that they would have to take him away from the prison where he is now, put him back in the jail at the police station and start all over again on this new complaint, on this new offense. That will automatically, according to our law, stop the time for the first pretrial detention, which means that they can go well over the 160 day period, that it would normally that before you have to go to trial.

ABRAMS:
And what about as a—I mean here, there are specific rules about when you can admit prior—quote—“bad acts.” What is the rule in
Aruba with regard to using other allegations like this against someone?

LEJUEZ:
They could use prior allegations against the person in
Aruba if they admit that it happened. If they didn‘t—if they don‘t admit that it happened, they would have to charge him all over again. When he goes to trial, he will go to trial for both offenses. The problem is, I guess, that in the first case, with the first offense, we don‘t know yet if the prosecutor will be able to have a case against him, so perhaps she needs more time. She could buy time by re-detaining Joran van der Sloot on the second offense and extending that way, the pretrial detention and have some more time to do investigation work...

ABRAMS:
Yes.

LEJUEZ:
... investigation work while he‘s still in detention.