| Only evidence can be
used in a trial.
A judge on a Dutch
three judge panel trial can only consider facts in evidence.
A judge must exclude all irrelevant information or circumstances, which
do not speak to the specifics of a crime and the culpability of the accused.
Facts not in evidence and most speculations are irrelevant, but are presented
here because some of this information and speculation might eventually
become probative (able to be used as evidence) if specific substantiation
or proof can be uncovered.
Unsubstantiated information
Many of the following are interrelated
and involve one or more of the others. They are presented separately,
because each represents its own set of circumstances, but some discussions
will mention the relativity of the related other subjects.
1. Sexual assault
| That Joran sexually assaulted an unconscious
Natalee
Dave Holloway has made public
statements that Joran admitted to sexual assault. Beth Twitty has
made similar assertions. It is not clear if they are saying that
this was an admission made in an interrogation or something that was overheard
by another prisoner or whether it came from another source (such as an
internet theory?), or whether they were referring to the night of the Twitty
(and friends, along with two Aruban police) visit to the Van der sloot
home where Joran was said by some to have admitted to having had sex with
Natalee.
Validity: Being
drunk, does not necessarily make an individual unable to carry on
a conversation or to make decisions. Having sex with a drunken female is
not prima facie evidence of rape (or sexual assault). If that were so then
there would be a million rapes every Saturday night all over the US. The
legal criteria is whether someone is too incapacitated to be able to give
consent.
About detainment specifications.
An aruban attorney unrelated to the case stated that in the detainment
specifications were suspicion of murder, kidnapping and sexual assault
of an unconscious person. However, attaching significance to
this is not necessarily well founded. This is because, when a suspect
is brought in under Aruban law they have to detain them with the full extent
of what eventually might be charged, even though no evidence might be known.
It is a seemingly strange way (the reverse to the US system), but that
is the way it is done. Therefore, they let their imaginations run wild
and the detainment description is written for a wide range of things as
in this case, perhaps from murder to kidnapping and even sexual assault
with an unconscious person, if they can imagine that, but that is not an
indication of a real suspicion of anything or any facts in evidence.
Often the prosecutor and
sometimes even local Aruban attorneys incorrectly state these in a media
announcements as "charges," because of language difficulties. So, it could
be that this wide range of detainment conditions is the source of the rumors
about the sexual assault as those conditions for detainment have been leaked
and misinterpreted by some (maybe the Twittys) as being evidence of crimes.
The first mention of this
came from Beth Twitty.
| In a news report dated
07-14
http://www.kfmb.com/story.php?id=17702
The mother of Natalee Holloway
said Wednesday July 14, in an interview said police told her that
van der Sloot admitted to them he had engaged in "sexual acts" with Holloway
the night of her disappearance.
"I believe that, if it happened,
it was against her will," Twitty said. |
Then this was refueled later
from Jug Twitty and from Dave Holloway
| August 8th on Hannity
and Colmes with regard to the alleged "sexual assault" by Joran on Natalee
Jug Twitty: "It's documented"
the sexual assault by Joran; We've known that since the first night...
I'm saying that Joran admitted that he committed a sexual act to Natalee
against her will; I'm saying that on the record. I didn't say anything
before, because we wanted the aruban LE to do their job. Statements have
been given that omitted some of those things, that's serious
Jug Twitty : "How about I
tell you he said it when I was there that night, he didn't say it to me
but to witnesses there that night. It's also documented in other other
places." |
Then the next day this is
what Dave said:
| Fox Hannity & Colmes,
August 9th with Dave Holloway
Sean: I guess the biggest
development we had yesterday Dave... I am a father, I know this is hard
for you. Apparently, you guys have had information for some time that you
believe that authorities have known and that there was admission of forced
sexual contact with your daughter.
Dave: Well, I would rather
not get into any details. But, we do know that Joran admitted to some sexual…aggravated
sexual assault or whatever the term was used. We were aware of that and
he was behind bars at the time. |
However, in a interview on
August 26, Dave Holloway talked about the statement that Joran made on
the night when the Twitty's questioned Joran at his home (the night following
her disappearance). His conclusion was somewhat different than his
earlier statements. Dave said then that he understood that Joran
stated that had sex, but that it was consensual. Dave said that to his
knowledge this was the origin of the claims that Joran had admitted to
sexual assault.
You can draw your own conclusions
from these statements. Some people have speculated that this admission,
combined with the Deepak email (see entry below), where he talked about
Natalee falling asleep, caused some to conclude that Joran had sexual relations
with an unconscious Natalee. And perhaps that might be the reason for accusations
of assault.
See the entry number 7
(below) in these unsubstantiated statements regarding Joran's confession
(actually an accusation of Deepak). In this unverified statement
Joran is supposed to have surmised that Deepak raped Natalee. |
2. The Deepak "Confession"
| That Deepak confessed to sexual assault
in an interview
Although newspaper articles
and television shows have led with the headline that Deepak Kalpoe confessed
to sexually assaulting Natalee and also accused his brother, Satish Kalpoe,
and his friend, Joran Van der Sloot, of also having sexual intercourse
with her, there is more to this story than sensational headlines and misleading
soundbites. This stems from a very questionable "interview" which,
although recorded in August, was not released to the Aruban legal investigators.
It was held secretively and then aired publicly for the first time in September
on an American television show, "The Dr Phil Show." While it
may not be of any evidentiary value, Aruban authorities would like to examine
it. As yet it has not been submitted to them.
This is discussed in detail
in a separate page which describes:
a. The circumstances of how
the tape was made,
b. The transcript of the
"interview,"
c. Discussions about its
validity and authenticity
d. Deepak's attorney's answer
e. Response of Aruban Police
Chief about efforts to get tape.
f. Additional accusation
(of Joran) said to be on tape (not aired yet).
Click to read: Deepak
confession interview
Links are on that page to
bring you back to this page and other pages |
3. Gardener's testimony
| That Joran and Kalpoes were seen at
2:30 am.
A witness known as to the
press as "the gardener" presented testimony before the judge of instruction
that at 2:30 am on the morning of the Monday, May 30, 2005, he saw a car
matching the description of Deepak Kalpoe's automobile in front of the
Racquet Club which is across from the Marriott Beach (Palm Beach). He states
that he saw all three "suspects" in the car at that time. If this
information is correct then the statements of the Kalpoes and Joran would
have been refuted because the Kalpoes say they were home at that time and
Joran says he still at the beach.
Validity: According
to statements from the Kalpoe attorneys, the time presented by the gardener
was in direct conflict with facts already in evidence, namely the logging
on of the Kalpoe brothers' PC at home and of the evidence from mobile phone
grids showing location of cellphone calls from Joran which would
have placed him at the Palm Beach (also known as Marriott beach).
Many thought (even hoped)
that the testimony of the gardener would land the Kalpoes back in jail.
Upon questioning it turns out the opposite. Even the judge reprimanded
the gardener for not being consistent in his answers.
However, if you see Joran's
statement version 2 (see Evidence Line)
and you consider along with that, the unverified Joran confession (or Joran
accusation of Deepak), which is entry number 6 on this page, then
that would mean that the computer data is not valid (Satish could have
been on the computer, while Deepak was out in the car). If that were
the case then maybe the three in the car were Deepak, and two other people
(not Joran or Satish, since we have evidence they were both at home). |
4. Date rape drug
| That Joran (or Kalpoes) gave Natalee
a "date rape" drug
Some have theorized that
Joran and the Kalpoes have used date rape drugs in the past. They
describe how on personal websites Joran was making references to having
used date rape drugs to seduce girls in bars. This theory says that
perhaps Joran and the Kalpoes followed a pattern of finding American
tourist girls on their last night in Aruba and at closing time slipping
them a date rape drug knowing that they wouldn't have any recollection
of the later sexual assault events of the evening (until perhaps back in
their home city in the US).
Validity: While
an interesting theory without having a body to check for residual drugs
or other supporting evidence this would not be able to be presented in
a trial. |
5. Kidnapping- phony taxi
That Natalee was tricked. Thinking
Kalpoe car a taxi.
Some witnesses saw Deepak
"steering" Natalee from the Carlos 'n Charlies bar. Some people have
theorized that it was out of character for Natalee to depart with strangers
unless she thought she was in a taxi. This "phony taxi" theory is
also coupled with the concept of the suspects using a date rape drug.
Validity: Satish
Kalpoe's attorney stated that in the prosecutor's file, which he was permitted
to see that the Kalpoe car with Joran and Natalee in the back seat stopped
a short distance from Carlos 'n Charlies and that several Mountain Brook
students (fellow traveler of Natalee) asked Natalee to get out of the car
and go with them. In their sworn statements the other students said
that Natalee replied negatively and said that she was going to go for a
ride with the three guys. If this is true then at that point Natalee
was going voluntarily with Joran and the Kalpoes. |
6. The Deepak emails
That Deepak wrote emails to a friend
describing the events
More to come on this
Link to the "Deepak e-mail"
http://scrux.com/natalee/deepakemail.htm
Deepak said in that unverified
Natalee was "very drunk" while still in C&C.
In addition Deepak susposedly
states that:
"so after like 10 min my
friend is telling me that natalee fell asleep i said you kidding just wake
her up and tell ask her if its holiday"
Validity: No
way to verifiy the legitimacy of this email. If it is true there
might be information here which could provide some clues. |
7. Joran's confession (or accusation)
| That Joran implicated Deepak in a "confession."
Aruban newspaper Diario published,
what the newspaper says is, a signed police interview (not by Joran, but
by a policemen whose signatures are not shown) on June 13 with Joran van
der Sloot in which van der Sloot says Deepak Kalpoe raped, killed, and
burried Natalee Holloway.
The Diario had been reporting
on this document for some time but were been accused by competing local
media for making it up. The item was published verbatim. Jossy Manur assures
and claims that it is a direct copy of the police document, obtained through
one of his sources. It has not been independently verified.
| Translation of Declaration
from Dutch: The suspect J.A.P. (Joran) van der Sloot walked with us
(the police) a little bit further on and he declared to have suspicions
that the suspect D. Kalpoe did bury the girl there somewhere.
According to the suspect
J.A.P. van der Sloot, the suspect D. Kalpoe had returned to the girl after
having left her sleeping on the beach. To our question to the suspect J.A.P.
van der Sloot what he thought had happened between the girl Natalee Holloway
and the suspect D. Kalpoe, he declared that he thought that the suspect
D. Kalpoe raped and killed the girl.
Thus written by us, under
oath made under our testimony, closed and signed in Oranjestad on June
13th, 2005.
The signature is obscured. |
Validity: No
one has seen this "document," except the newspaper editor Jossy Mansur
(El Diario). Evidently a copy (or translation of it) was given to
Beth Twitty who took it with her on a trip to Alabama. Joran's
attorney said that it is possible Joran might have said something to the
interrogators like this, but only in an off handed manner, just out of
frustration of them asking him what he thinks might have happened.
He said that Joran has never offerered or maintained the position that
Deepak had anything to do with Natalee's disappearance. Further,
it is against the law for the prosecution or police to allow any interrogation
documents to be made public, so the credibility of this being an actual
police statement is questionable.
Here is where Eduardo
Mansur says he got it:
On the Rita Cosby show on
MSNBC,
COSBY:...And joining me now
from Aruba, Eduardo Mansur with the “Diario” newspaper. Eduardo, how did
you get this document, to begin with?
EDUARDO MANSUR, “DIARIO”:
OK, outside of the newspaper, we have a mailbox that people bring us all
kinds of information, and they dropped it in there.
COSBY: Do you believe it‘s
credible? Do you believe it‘s legitimate?
MANSUR: Oh, yes. It‘s got
signatures of four detectives, whom I know, so we know it‘s credible.-
http://www.msnbc.msn.com/id/8959602 |
When asked about this statement
in an interview with Greta Van Susteran David Kock, Satish Kalpoe's attorney
responded with this:
| David Kock speaking about
what Joran has said: "...he said, yes, something must have gone wrong
with the girl. And then when they asked him, What do you think, and he
says, Well, I think maybe after I got — because that was at a time when
he was stating that Deepak came and picked him up here and dropped him
at home, which was also impossible because of the records afterwards, but
at that time, he did not know that. |
Maybe Joran was actually
telling the truth in his second version (after telling the Holiday
Inn lie). See version 2 in the Evidence
Line page. In Joran's second version, he said that Deepak
came back picked him up to the beach and took him home. Notice that Joran
only changed his story when the police interrogators showed him the computer
records (and showed him Deepak's statement that he was home on the
computer.) Further, news reports at the time said that the interrogator
allowed Deepak and Joran to be together in an interrogation room
which was highly criticized in the press. Reportedly, after
they showed them each other's statements, was said that Deepak got
angry with Joran about Joran's
version 2 and emphatically told him
that the computer records showed he was home. Joran then changed his statement
to
version 3. Very strange.
Perhaps, the police
have concluded (as David Kock said) that the only proof that Joran's version
2 didn't happen is those computer records. If the computer records)
are the only proof that version 2 isn't factual, maybe it is the
truth. Maybe the computer records were altered during the ten days
prior to arrest. Maybe, it was Satish on the computer. If so,
then it could be deduced that Deepak went back and picked up Joran
(and then did other things).
So, with some simple deductive
reasoning, the alibi for Deepak goes away and now the Joran accusation
takes on much more significance. Maybe Joran heard Deepak confess this
whole scenario to him during the ten days before they were incarcerated.
Maybe that is why we saw the police taking Joran out to the beach on two
occasions for an expansion of his accusation. Maybe Deepak after
taking Joran home picked up a couple of friends who went back to the beach.
Maybe they gang raped Natalee, killed her and then buried her body.
Some convincing substantiation
of Joran's account:
| The Twittys and the Holloways
when they were called into a meeting on June 10 with the FBI who told them
that the case was solved. Then they told them all had been retracted:
To get the feel of their
frustration, note this excerpt from an interview on July 12 on MSNBC about
those June 10 events, with Paul Reynolds (Beth's brother).
http://www.msnbc.msn.com/id/8551822/
Quote:
SCARBOROUGH: Did any government
authorities ever tell you that there was a confession in this case regarding
Natalee?
PAUL REYNOLDS, UNCLE OF NATALEE
HOLLOWAY: I know that my sister had a meeting with the FBI June 10, Friday.
And from that meeting, she became convinced that Natalee was no longer
alive. She called her mother and told her that. And our family was—was—began
the grieving process.
You know, we were told the
report would come out the next day. Later that night, we saw the reports
that confessions had been made, that something bad had happened. Shortly
thereafter, it was retracted. The next morning, there was a report that
said Natalee was confirmed dead. And these reports came from the deputy
commissioner. They came from the spokesperson from the Ministry of Justice.
And then, all of a sudden, these statements and these confessions just
disappeared.
SCARBOROUGH: And wait a second.
I mean, these confessions were so rock solid that you actually had the
FBI coming to you, coming to your family, Natalee's family, saying, we
are sorry to tell you this, but there has been a confession. One of these
boys has confessed, and Natalee is no longer alive.
How do you pull something
like that back off the table? Have you had or has your sister had or has
anybody in the family had any explanation from Aruban officials whatever
happened to this confession, where they buried it?
REYNOLDS: I am not aware
of any follow-up information. You know, this seemed to disappear from sight,
these confessions did At the time, we thought that because the investigation
is kept secret, we thought it was ongoing, and maybe they just didn't want
to release it officially at that time. But, as we see that the appeals,
the hearings are showing there's no evidence, but yet we have these confessions,
it doesn't make any sense. {there's more, but snipped here, click on link
above for full transcript} |
.
The Twittys simply were
thrown a curve on this. My guess is that a decision was made to bury this
and trap the Kalpoes (and probably the FBI was in on it). So on June 11
the investigators decided to take another approach and perhaps they invited
Joran to "appear to" retract that statement and "change" his version of
events (to match Deepak's story). |
More to come |
8. Joran's changing
stories
| That Joran has told 22
different accounts of that evening.
This has mainly come from
statements by Beth Twitty and has been repeated by many media commentators.
Generally, the logic advanced here is that anyone telling that many stories
must be quilty of causing harm to Natalee.
Validity: It
maybe that the whole 22 versions recounting has been a "spin" done with
Beth Twitty (maybe she was helping the investigation knowingly) as
an effort by the police to take the emphasis away from the 3 versions which
Joran told. This would be because of the significance of Joran's
version 2 (see the
Evidence Line) in this investigation.
The following is a quote from Greta Van Susterern:
| From Greta wire: "Because
of the lack of information from the police or prosecutor in Aruba, there
are many "stories" running around masquerading as facts. The safest way
to address the "facts" is to assign the author rather than vouch for them
myself. One of the conflicting facts is how many statements and/or stories
Joran van der Sloot (search) has made.
Joran van der Sloot's lawyer
says Joran has made 23 statements, but only three different stories are
contained within the 23 statements. The three separate stories were made
early on and then, apparently, per the lawyer, Joran has repeated that
third story 20 more times in written declarations.
I don't know if it much matters
whether there are three different stories with 20 consistent statements
to the third story or if there are 23 different statements/stories. Once
you have two materially different statements, you have a liar on your hands.
But a lie is not enough to
prove a crime occurred and that the person who lied committed it. You need
proof of a crime — here that someone actually died and that it was at the
hands of another (murder.) A lie proves you have a liar on your hands —
and of course legitimately raises high suspicion — but is not enough to
convict of a crime of murder. This is why this prosecutor faces a big challenge
in this investigation. If she believes a murder has been committed, she
must prove the actual murder (not a disappearance alone) and who did it." |
It could be that the police
have put out the 22 versions story to cloud the signifcance or the actuality
that there were only 3 versions, because understanding that the difference
between
version 2 and version 3 might be the crux of solving
the case.
Note that in the
Evidence line we show and discuss the 3 versions of Joran's
statements. If version 2 is correct, then perhaps the unverified
Joran accusation about Deepak (see the number 6 discussion on this page)
was really made (it fits with version 2). It could have been
that the Twitty's were telling about the 22 versions as a red herring to
take emphasis off of the 3 versions in order to make the Kalpoes more at
ease while free. It could be that the police have always believed
version
2 and the so-called confession (accustation) and have been investigating
that way all along. Go back and read above, the Joran confession
(accusation) discussion (number 6) .
More to come |
9. Body disposed
in landfill
| That suspects gathered
at the landfill for body disposal
This was quite a story where
a witness came forward and made statements that on a day shortly after
the disappearance he saw a blond haired body being disposed of in
the local garbage landfill by people meeeting the descriptions of Joran,
the Kalpoes, along with Paulus Van der sloot, Joran's father. Even
a pickup truck was described and a license plate given.
Validity: The
witness has changed his story several times. The pickup truck was
proven to be in another location. Bon Dia (Aruban news source) says
that the suspects were being interrogated at the same time as the witness
says they were dumping a body. The landfill was searched several
times although the search was eventually called off without it being fully
explored.
More to come |
|
