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Nancy Grace

Aruban authorities continue to work to drain a pond they think may have clues to Natalee Holloway`s disappearance

Aired July 27, 2005 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Tonight, breaking news from Aruba. Does a remote pond in Aruba hold answers to 18-year-old Natalee Holloway`s disappearance? A tip from a local gardener leads police to drain the pond. Searchlights guide Aruban firefighters through the night as they drain nearly 3,600 gallons of water a minute. That process still under way tonight, authorities searching for Natalee. Will they finally find evidence of Natalee Holloway, or will police turn up dry?
Good evening, everybody. I`m Nancy Grace, and I want to thank you for being with us tonight.

Guilty. A Florida jury hands down a verdict in the murder trial of multi-millionaire Donald Moringiello, convicted for the murder of his wife, Hattie "Fern" Bergeler. The well-known engineer shot his wife, Hattie, in the chest four times, weighted her down with cement blocks, and dumped his wife in the choppy waters of the bay behind their luxury home. Tonight, Moringiello`s next home will also remind him of those cinder blocks, cement blocks, because his home is made of cinder blocks, the Florida penitentiary.

But first, live to Aruba for breaking news. The pond where authorities suspect 18-year-old Alabama beauty Natalee Holloway could be buried being drained tonight. Firefighters working in the dark, aided by searchlights, are draining nearly 3,600 gallons of water a minute. And tonight, we stand by for DNA results, results on hair found on an Aruban beach. Is this hair Natalee`s?

Tonight, in Aruba, "Diario" managing director and editor Jossy Mansur. Natalee`s mother is with us, and stepfather, Beth and Jug Twitty. In Atlanta, private investigator T.J. Ward. He was hired by the Twittys. In Philadelphia, defense attorney Joe Lawless. In Pittsburgh, forensic pathologist Dr. Cyril Wecht. And in New York, psychotherapist Lauren Howard.

But first to CNN correspondent Susan Candiotti. She`s been on the case from the get-go. Susan, bring us up to date, friend.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Nancy, they`ve been working all day, pumping and draining those gallons and gallons of water out of that pond. They think they might finish by tomorrow. Now, why is this pond significant? Let`s remind our viewers. It`s because a witness who came in over the weekend to make a statement to authorities said that he saw a car the night that Natalee disappeared in the vicinity of a racquet club which is right next to that pond. And inside the car, he said, he claims to have recognized Joran Van Der Sloot and the two Kalpoe brothers. All of them are named as suspects. None is charged with any crime.

So police are now looking at that pond because they tell us -- these sources tell us because it is in the proximity to that racquet club. And they`ve been able to go around and talk to certain people who are able to verify, in some way, shape or form, what the witness is saying, maybe also confirming his whereabouts that night.

Now, why they think this might be fitting into the timeline of things is because at that hour, at roughly 2:30-ish in the morning, when this man says that he saw the car, about 45 minutes after that, law enforcement says they have some evidence that Deepak Kalpoe, one of the brothers, was on the Internet, in a chat room. And they`ve been able to confirm that conversation, that he was sending messages over MSN messaging network to somebody else. And Nancy, that`s why they`re paying -- giving some more credibility to how this might fit in -- might fit into the scheme of things.

Now, when they get through draining the pond, they don`t know exactly what they`re going to find. They could find nothing. But they`re looking to see, quite frankly, they say, whether Natalee might be there or whether there is some evidence in the pond, perhaps doing some digging, that might link the three suspects to that pond.

GRACE: With us, Susan Candiotti. I`m going to quickly go to Lauren Howard psychotherapist. You know, Jossy Mansur from "Diario" outlined for us last night what the gardener saw. He`s the one that found the gardener, to start with.

LAUREN HOWARD, PSYCHOTHERAPIST: Right.

GRACE: And this gardener saw, according to him, late in the evening, around 2:30 AM -- you know what, let me go to Jossy Mansur with "Diario." We don`t have Jossy? OK. OK, Lisa (ph). He`ll be with us in just a moment.

He says he sees the guys in the car...

HOWARD: Right.

GRACE: ... 2:30 AM, parked near this pond, near a racquet club. And as soon as he sees them, they all duck down. One of them hides the face. The judge`s son, as well as the Kalpoe brothers in the back seat. Now you`ve got 3:00 AM, instant messages on the computer. What do you make of the timeline?

HOWARD: Well, it`s -- something -- whatever occurred, occurred not on purpose, by accident. These kids were high. They had been partying. And there is a need to sort of disclose, to get -- this is the way these -- this is the way this generation communicates. There`s this need to kind of talk about it. And so...

GRACE: Get their stories together?

HOWARD: Right, and not stop to consider that it`s traceable, that somebody`ll find out, that they`re actually leaving evidence that hurts themselves.

GRACE: OK, we`ve got that satellite up to Jossy Mansur in Aruba. Jossy, if you could recount again exactly what it is -- everybody, we are waiting for the results of the pond that is being drained as we speak. It`s turned out to be a much longer process than we were told yesterday. They are draining nearly 5,000 gallons of water a minute from this pond.

Back to Jossy Mansur. Sir, if you can explain again what the gardener says he saw the night Natalee went missing.

JOSSY MANSUR, MANAGING EDITOR, "DIARIO": Well, he spoke very clearly of what he saw. He left his home, a standard home, where he lives really. And he was on his way to a room that he has at the house that he works as a gardener because that room has air-conditioning and it was very hot. When he left his home, he had to pass on the dirt road close to that pond that`s being drained now. And there was a car parked smack in the middle of that road, so he had to pass it at a very slow pace, climbing a little mound, and brought him within a yard of view in sight of the other car.

And he claims to have seen Joran behind the wheel, one of the two Kalpoe brothers beside him and the other Kalpoe brother in the back. And when they saw him pass that close, Joran threw up his hands to hide his face, and the other two ducked on the seats.

GRACE: I want to go to Beth Twitty. This is Natalee`s mother. She is joining us tonight. Ms. Twitty, thank you for being with us. I know you`re on...

BETH HOLLOWAY TWITTY, NATALEE`S MOTHER: Hi, Nancy.

GRACE: I know you`re on pins and needles, waiting to find out if there`s any evidence to be found in the pond. But what do you make of what this gardener saw? And Beth, what do you make of the domino game we heard about?

BETH HOLLOWAY TWITTY: Well, Nancy, first off, you`re exactly right. I mean, I`ll be honest, I`m so preoccupied tonight, it`s -- I`m really probably going to struggle. Yes, as far as the domino game, I think Jug has more information on that than I do. And as far as this gardener coming forward, I`m really encouraged, Nancy. I mean, I think that`s a huge step forward for us. And you know, maybe it`s taken him a little while to have some assurance and trust in order to come forward and make sure there are no repercussions for him coming forth with this information.

GRACE: Then, let me go to your husband, Jug Twitty. Jug, last night we learned from Jossy Mansur about this domino game. For those of you that did not hear this, Jossy, please tell us again about the domino game behind bars.

MANSUR: Well, there was a domino game going on there. One of the Kalpoe brothers participated in this domino game. There was another guy there in front of him. His father -- at his father`s house this gardener works. And then he pointed at Kalpoe and told him, Listen, my gardener saw you early that morning by the racquet club. The guy got white all over, and he threw the dominoes on the table and walked away.

GRACE: So is this Deepak or Satish Kalpoe?

MANSUR: We have no idea yet.

GRACE: One of the Kalpoe brothers. OK.

MANSUR: One of them.

GRACE: Back to Jug Twitty. What have you learned about this domino game?

GEORGE "JUG" TWITTY, NATALEE`S STEPFATHER: Nancy, I actually know exactly what Jossy says right there. I`ve heard the same thing, and not just from him, from other people. And basically, somebody in there that knew about the story before they got in there, you know, was at the domino game and said what you just said, and it irritated one of the brothers. And again, I don`t know which one.

GRACE: Back to the gardener. Everybody, as we speak, the pond near where Joran Van Der Sloot and the Kalpoe brothers were parked is being drained. It`s taking quite a long time. We`re on stand-by to see what is happening.

Today, I understand, Susan Candiotti, that the pond was closed off for people to look at it. You couldn`t see what was going on?

CANDIOTTI: Well, you can get a good look at it from the road when you`re driving by. You can easily see the activity on both sides of the lake, actually. You can see these large pumps set up. They do have barricades so that you can`t walk directly up to it. But you can see the pumps going. You can see the water gushing. If you`ve got a long lens, you got a good look at it. And you can also see with your own eyes this happening. There`s also a tent set up so that they can take a rest because it`s extremely windy and dusty and hot there while this work is going on.

GRACE: Susan, it`s my understanding they worked through the night, firefighters worked through the night to drain the pond, including searchlights that they had to crank up so they could continue working through the night. Is that correct?

CANDIOTTI: Yes, and it hasn`t been easy, too. They`ve also had some breakdowns, some pumps getting stuck, and they`ve had to bring in other equipment. So they`ve been having a rough go at it. But nevertheless, they haven`t stopped and they`re still going, and they think they`ll be able to complete the job by tomorrow. But naturally, we`ll have to see.

GRACE: Back to Jossy Mansur. He`s the editor of "Diario" newspaper. What can you tell us about Paul Van Der Sloot packing up? That`s the judge.

MANSUR: Well, we understand that yesterday, he went to the courthouse, where he has his office, where he works (INAUDIBLE) normally. He packed all his belongings and left the building. So it implies he is no longer active as a substitute judge. His real time will be up the first of January of 2006. But I think that, considering the circumstances, he made the right decision to just walk away from the job.

GRACE: Well, hold on, Jossy! The way the authorities have been handling this case -- and I know that Beth disagrees with me -- but the way they`ve been handling the case, they may be giving the guy a raise and a promotion! He may be on the Aruban supreme court by Monday morning!

MANSUR: I doubt that very much. Things don`t function that way here in Aruba, Miss Nancy. Absolutely wrong.

GRACE: Jossy Mansur, question to you regarding that stunning statement you told me about yesterday that you say came from a police report. And I`d like to tell everybody, I`ve got Mansur`s paper right here. It`s called "Diario." And on it, he is advertising the million- dollar reward for Natalee`s safe return.

You told us yesterday a stunning revelation regarding what Joran Van Der Sloot said about a Kalpoe brother. Explain.

MANSUR: Of course. That statement was made on the 13th of June, when four police officers interrogated Joran. And he told them in the beginning, Listen, I have a hunch of where Deepak buried the body of Natalee, under the sand by the fishermen`s huts.

So the four agents took him in the car. They took him over there. They walked him around to show them exactly where. And then while they were walking, they were questioning him further. And then he told them that he was on the beach with Natalee, and Natalee fell asleep. He went back to the car that was waiting for him. And then Deepak went back to where the girl was lying asleep on the beach. And then the police further on asked him what he thought took place between Deepak and Natalee. And he answered, I think that Deepak raped the girl and then murdered her.

GRACE: To Beth. Beth, have police revealed these statements to you?

BETH HOLLOWAY TWITTY, MOTHER: No, Nancy, they haven`t. But you know, when I went back through my journal, as early as June 10 -- I think that was a pretty big day for us because we were having a meeting at that point, and that`s when the possibility was being brought up that Natalee may not be alive. Now, we didn`t have -- still don`t have anything definitive, but we knew from even as early as June 10 that, of course, that could be a real possibility, Nancy.

GRACE: Jug, when you hear a statement like that from Joran Van Der Sloot -- number one, we all know Van Der Sloot`s a liar. Joran Van Der Sloot is a liar. He`s changed his story now 22 times.

You`re seeing video that was just released at the end of last week of Natalee. This is the girl we`re talking about.

Jug, when you hear a statement like that by Joran Van Der Sloot, keeping in mind we know he`s a liar, how does it sit with you that the Kalpoe brothers are walking free?

GEORGE "JUG" TWITTY: It doesn`t sit well. I mean, I tell you from -- you know, when they were let out, that it upset me. And as we said, before, you know, Beth went on and apologized for some of the things that were said -- but you know, fortunately, we have them here today because we were told they would be able to leave the island after they were set free, even though they were suspects. But you know, we wouldn`t be able to get the DNA testing that we have today.

And you know, I just -- Nancy, from the beginning -- you know, Beth and I were there that very first night, and I still believe that, of course, Joran is involved. Deepak`s involved. And the father is involved.

GRACE: With me tonight, Susan Candiotti, CNN correspondent, who has been on the case from the beginning, Jossy Mansur there in Aruba, and Natalee`s mother, as well as her stepfather. Please stay with us.

(BEGIN VIDEO CLIP)

GEORGE "JUG" TWITTY, STEPFATHER: I`ve had several incidents where I just have gone ballistic. And I try to just keep my cool. And I`ve had several conversations with Van Der Straaten, and everybody knows that Van Der Straaten and Jug do not see eye to eye because from the beginning, we just -- I just didn`t believe that they were doing enough. And that`s why I`m so excited about the new team that`s in there. And I can already tell, being here a day-and-a-half, that some new things are happening.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: Man, oh, Manischewitz. The Aruban authorities have really been working this case. Let`s just take a look at some of the issues that have come up during the Natalee Holloway search. First of all, we heard that blood had been found in the car. Not! Then we found blood on a mattress. It was dog`s blood. Then we heard bones had been discovered. Were they Natalee`s? No. They were donkey bones. Then there were rumors of a confession. Then that was retracted.

There was a 10-day delay in searching the getaway car. The police decided to give the suspects alone time in a car for a drive through the country, handcuffed together. Think they cooked up a story then? Oh, yes, there was round one of catch and release, the innocent security guards detained, accused and released. Then there was round two catch and release. Judge Paul Van Der Sloot, the guy you just saw his backside, running down the street. Catch and release. Round three, catch and release, Steve Croes, the deejay on the party boat. Remember him?

But the topper is this. Catch and release round four, Deepak and Satish Kalpoe. Joran Van Der Sloot has pointed the finger at them in the disappearance of Natalee Holloway. Now, the other day, Aruban authorities basically berated Natalee`s mother, and she ate a dirt sandwich publicly and apologized for speaking out against the investigation. She is still there, working, trying to bring her girl home.

Very quickly, I want to go defense attorney Joe Lawless. Joe Lawless, here`s a guy who`s changed his story 22 times. Think he`s nervous tonight that police have gone so far as to drain that pond? It`s being drained right now.

JOE LAWLESS, DEFENSE ATTORNEY: Well, somebody`s nervous, Nancy. What I have a concern about, though, is there are so many versions, there are so many different witnesses. I think this case is going to come down -- and unfortunately, I have to say this -- but assuming Natalee Holloway isn`t with us anymore, I think the killers are going to be nailed by forensic evidence. I think it`s great you have Cyril Wecht on tonight because so many people have told so many versions, it`s going to be what evidence ties those suspects to the actual killing that`s going to confirm it.

GRACE: And to Daniel Horowitz. What do you make of the gardener`s statement?

DANIEL HOROWITZ, DEFENSE ATTORNEY: Nancy, I don`t buy it. I don`t like the way this investigation is going. It`s a typical jailhouse confrontation over the dominoes. Those are almost always made up.

GRACE: Daniel...

HOROWITZ: ... out of the blue...

GRACE: Daniel, the gardener was not...

(CROSSTALK)

GRACE: The gardener in jail.

HOROWITZ: I know, but...

GRACE: OK?

HOROWITZ: ... it starts there, and like dominoes...

GRACE: It doesn`t start...

HOROWITZ: ... fall, and you get to the gardener...

GRACE: I like that interpretation!

HOROWITZ: ... and you...

GRACE: Have you ever thought of writing children`s fairy tales? Because that`s made up of whole cloth, Daniel Horowitz.

HOROWITZ: Well...

(CROSSTALK)

GRACE: ... because it started when the gardener saw these three hunched together in a car right before they all went home and created alibis for themselves...

HOROWITZ: Oh!

GRACE: ... by instant messaging and calling on the cell phone.

HOROWITZ: Nancy, come on! Then this guy just sat on this information because the poor little gardener`s scared to come forward? It`s made up. It`s a distraction. That guy, Van Der Slime -- that`s what we call him, Van Der Slime, Van Der Sloot -- he did it. Focus on him. This is, unfortunately, leading up to the Arubans saying, Look how much we did. We just can`t find enough evidence. And then they let him go. It really makes me sick, but that`s where we`re headed.

GRACE: To Susan Candiotti. Susan, we know the pond is being drained right now. How much longer until that is complete?

CANDIOTTI: Well, they`re -- they think that they might be able to complete it by tomorrow. But of course, it`s been taking longer than they originally expected. It`s a big job. Once they get that done, the question is, what are they going to do next? It`s possible they intend to dig around in certain spots that they find interesting. Perhaps some areas of that pond are deeper than others.

Normally, you know, that is a pond that doesn`t have much water in it at all and didn`t have much water in it at the time of Natalee`s disappearance. But when the recent storms came through, including Emily, that`s why you got a lot more water in there than you did before, about two feet or so.

So let`s see what happens once it`s drained. Let`s see what happens once they start digging around, probing to see what, if anything, they can find, any kind of evidence. They might not.

GRACE: Tonight, we are hearing that the gardener`s statement of seeing the three suspects hunched together in a car near this pond the night Natalee went missing -- we`re hearing reports that he is being corroborated, backed up by others.

We`ll all be right back. Stay with us.

(COMMERCIAL BREAK)

GRACE: Natalee Holloway in happier times, living the life of any teenager here in America.

Very quickly, I want to go back to CNN correspondent Susan Candiotti. Susan, would Deepak Kalpoe have time, from the time the gardener spotted him bunched together with the other two suspects on the side of the road, to get home and send those instant messages the night Natalee disappeared?

CANDIOTTI: Our law enforcement sources say yes. As a matter of fact, CNN employees who have made that same drive and others also say yes. It takes about 25 to 30 minutes to get from that spot back to his house. And authorities do say that about 15 minutes after that is when Deepak got on line, and they`ve got him, they say, in a chat room. And they`ve also been able to corroborate that through the person that he was in the chat room with, who is a student in the United States.

GRACE: And, Susan, we sent one of our producers, Eric (ph), down to Aruba, who made the drive and confirms it, as well.

Everybody, with us, Susan Candiotti, as well as Natalee`s mother and her husband. We`ll be right back. We are live in Aruba.

(COMMERCIAL BREAK)

(NEWS BREAK)

(BEGIN VIDEO CLIP)

DAVE HOLLOWAY, NATALEE`S FATHER: I did not have the opportunity to speak with her friends, but later on, I did find out that Joran had indicated to the group that he was a student visiting here from Holland. And the group thought he was a guest at the Holiday Inn. And when they left Carlos and Charlie`s, he left with Natalee and Natalee alone. I suppose that Deepak was waiting in the car, and she may have thought it was a taxi. The Satish boy may have entered the car after Natalee and the other guys were already in the vehicle.

(END VIDEO CLIP)

GRACE: Welcome back, everybody. I`m Nancy Grace. Thank you for being with us. We`re standing by, waiting for a pond there in Aruba to be drained fully. Authorities have worked around the clock, literally through the night. They used searchlights provided to them to continue draining a pond, hoping for clues regarding Natalee Holloway.

To Jossy Mansur with "Diario" newspaper. Do we know who -- hey, here`s a shot of the pond that`s being drained now. Do we know, Jossy who has been visiting Joran Van Der Sloot behind bars?

MANSUR: No, we don`t have any knowledge of that. Certainly, his father and his mother and perhaps other family members. But we can`t say that for certain because we just don`t know.

GRACE: Jossy, do we have any idea whether cops have put a GPS tracker on these Kalpoe brothers, whether they have tapped their lines? Anything?

MANSUR: Well, I imagine they would have done so. But we don`t have any certainty of that, except for those (INAUDIBLE) that were checked with the police, those messages that were sent after 3:00 o`clock by one of the Kalpoe brothers.

GRACE: Do we know what was in the message, Jossy?

MANSUR: We don`t know, but we do have a lot of printed material that was brought down from the Internet address, the e-mail address of Joran.

GRACE: And what did that disclose?

MANSUR: That disclosed that he is a real party boy, I mean, that he goes all out, that he boasts of his conquests, and then the other things that are not as favorable as one would imagine for him.

GRACE: Oh, you mean his Web, site where you can go and look at pictures of...

MANSUR: Oh, yes.

GRACE: Yes. Yes. I saw that. To famed forensic psychologist -- pathologist, Dr. Cyril Wecht. Cyril, what is taking so long to get the results on the DNA from the hair?

DR. CYRIL WECHT, FORENSIC PATHOLOGIST: I do not know, Nancy. I believe the tests have been finished. I believe that in these eight, nine, ten days, even allowing for weekends, that they have examined the hairs physically under the microscope for those kinds of characteristics to determine if it is human, Caucasian, blond, and then to have done mitochondrial DNA. They have the mother`s hair, and this was not a problem, then, for them to have the material to test against that hair. So I do not know why they are withholding it.

You know, it`s pure conjecture. You read positive or negative results from that, but it would be pure inference. I am certain that the tests are finished.

The other important things, of course, are going to be whether the body is there. I was wondering, Nancy -- I understand that there was no water, or very little, in that basin before Hurricane Emily. And I wonder if they had done anything to her, would they have dumped her in the basin area, which would have been visible at that time. If she was in there, and water did come into that basin in the past week or so, then there would have been a great amount of decomposition. And I do not believe it`s going to yield many results unless you got...

GRACE: I want to go back to the...

WECHT: ... some bony injuries, fractures.

GRACE: ... hair very quickly with Beth Twitty. Beth, Natalee is a natural blonde, correct? Does she have any highlights or anything on her hair?

BETH HOLLOWAY TWITTY: Oh, yes, Nancy. She`s blond, but she did have some highlights in her hair.

GRACE: And I`m just wondering, Cyril, if you tell me in a nutshell what effect that would have on the DNA analysis.

WECHT: It will not hamper the DNA. In fact, mitochondrial DNA can often be performed even when the physical characteristics of the hair have become so degenerated as a result of post-mortem decomposition exposure.

GRACE: Right.

WECHT: So I think the mitochondrial DNA...

GRACE: OK, wait! Whoa, whoa, whoa, whoa! Duh! The highlights affect the DNA tests? Is the answer no?

WECHT: No. No.

GRACE: OK.

WECHT: The answer is no.

GRACE: All right. Back to Beth Twitty. Beth, I want to talk to you about this gardener. So when did you first find out that there could be corroboration for his story.

BETH HOLLOWAY TWITTY: Oh, you know, probably the first part of this week, Nancy.

GRACE: And I want to talk about that corroboration, Susan Candiotti. What corroboration, what back-up, what support do we have for this gardener`s voracity, his truthfulness?

CANDIOTTI: Well, we`ve been trying to find that out, and law enforcement is being pretty closed-mouthed about it. But we do know from them that they`ve been talking to people who know him, who know where he was that night, who know where he went afterwards, so who can corroborate what he was doing that night. They`ve talked to his girlfriend of course. You know, that might necessarily -- but that`s one form of corroboration, as well.

And then you have -- now, whether law enforcement has talked to this woman, I don`t know, but they`ve also talked to -- or rather, the private attorney hired by Beth Holloway has talked to that woman who lives in the subdivision nearby, Who at least can corroborate to a degree that that car might also have been in the area around the time of Natalee`s disappearance. This is the woman...

GRACE: Yes. Yes, that`s a good point, Susan.

And with us is the private eye that Susan Candiotti has just referred to, T.J. Ward. He was a veteran detective for many, many years on the Atlanta police force, hired by the Twittys to go down. The man has been literally going door to door, asking people what they`ve seen, if they would help.

Now, tell me, T.J., your woman that you found -- have you found anybody else? What you to make of the gardener`s story? And can this woman corroborate the gardener`s story?

T.J. WARD, INVESTIGATOR HIRED BY NATALEE`S FAMILY: Well, the woman told me that she saw the car about a week after the 29th, into the 30th. You know, it`s really funny that we see now the same car that has been identified by this woman showing up in the same area. I believe we`re in a good chapter in the book because, if you`ll recall, all the stories were over to the beach, right across the street. And now we have a pond that didn`t have any water in it on the 29th into the 30th. And then we have boys going back a week after the 29th and 30th, going back maybe looking for something to make sure they`ve covered their tracks. We do have the right people in jail.

GRACE: Hey, T.J. -- T.J., isn`t it true -- you and I both saw this when I was prosecuting, you as a cop, people go back to the scene of the crime. It`s like they can`t help themselves.

WARD: That`s exactly right. That`s exactly right.

GRACE: They`re like homing pigeons! You can`t stop them!

WARD: We`re on the right page, and we have the right people. And for the Kalpoe brothers still out walking around -- I had contact with them on Tuesday before I left Aruba, and they`re still in town. And I am very surprised that law enforcement, at this point in time, has not charged Van Der Sloot with at least kidnapping under Aruban law because...

GRACE: Why do you say that?

WARD: Because the Aruban law says if you leave the bar intoxicated with somebody, and that other party becomes up missing, then you can be charged with kidnapping.

GRACE: And I want to go to Daniel Horowitz very quickly. Daniel, these people, the lady that T.J. Ward found and this gardener -- no motive to lie. There`s nothing in it for them.

HOROWITZ: Nancy, there is no motive to lie, but it just doesn`t make sense. As Dr. Wecht was saying, a body in a shallow pond of water...

GRACE: We don`t -- we...

HOROWITZ: ... would tend to float up.

GRACE: Wait. We don`t know that!

HOROWITZ: It doesn`t match.

GRACE: We don`t know that`s what they`re looking for. And I want to ask Beth something...

HOROWITZ: Well, that`s a good point, Nancy. They could be looking for physical evidence other than a body. You`re right about that.

GRACE: Natalee has been missing now well over 50 days, Beth. And when you hear lawyers and prosecutors and forensic pathologists talking about evidence, how does that strike you? I mean, you still want to bring your girl home alive. I want you to bring her home alive.

BETH HOLLOWAY TWITTY: Well, Nancy, absolutely. But we have to think back. We`ve been going through this since June 10. What have I not been exposed to? What have I not been put through? Where has she not been? It just -- it`s been endless, Nancy. So you know, all in all, though, you know, until I am shown definitively, of course I`m going to have hope that she`s alive.

GRACE: And Jug, do you think that the investigation is taking a different path now because of the gardener, the turn in evidence?

GEORGE "JUG" TWITTY: I think a lot it has to do with that thing, a lot of it has to do with the new investigative team we have on board, the cooperation we have between the FBI and the Aruban authorities right now. Everybody knows that there are people in Washington right now, you know, now sharing some information. I think that`s important.

GRACE: We`ll all be right back, everybody. As we go to break, to "Trial Tracking." A Kansas judge granted the wife of BTK killer, Dennis Rader, an emergency divorce. He says her mental health could be in danger. Rader, also the father of two grown children, has admitted to the murders of 10 people that we know of as part of a sexual fantasy.

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DENNIS RADER, CONFESSED SERIAL KILLER: I proceeded to tie her up. She got sick, threw up. Got her a glass of water, comforted her a little bit, and then went ahead and tied her up and put a bag over her head and strangled her.

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GRACE: Comforted her, then strangled her. OK. Rader, not at the hearing today, did not contest the divorce filing. He turned over all of his assets to Paula Rader, his wife of 34 years.

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GRACE: Tonight, the reward for Natalee`s safe return, $1 million, $100,000 for information on Natalee`s whereabouts. Tip line, 877-628-2533.

Very quickly, to Jossy Mansur with "Diario" newspaper. Jossy, do either of these people have a dog in the fight? I mean, do they have any motive to lie, either the gardener or the neighbor?

MANSUR: Absolutely not. They have nothing to gain by lying except trouble with the police, trouble with contradictory things. They would be found out immediately. I don`t see any incentive for them to lie.

GRACE: And to Susan Candiotti. Susan, when will we get the DNA results? It`s not just the Netherlands that are dragging their feet, it`s in Quantico, Virginia, as well, the FBI headquarters.

CANDIOTTI: Well, the FBI tells me, actually, they have made considerable progress and that preliminary results could be ready to be released as early as tomorrow. The question is, Will they be? But they are doing more than one kind of test. That`s the explanation I`ve been given...

GRACE: OK.

CANDIOTTI: ... and that we could look for those preliminary test results on at least one of those tests to be announced as early as tomorrow.

GRACE: And very quickly, Lauren Howard, these instant messages that have appeared on the suspects` computers, 3:00 AM -- why would the content be important?

HOWARD: Well, the content`s important from anywhere from alibi setting, which it doesn`t do because it happened a half an hour later, ostensibly, from when the car was seen, to reading between the lines, to really revealing a certain anxiety. Why would -- if you`ve been out partying all night, you go home, you start instant messaging your friends, what`s the sort of -- what`s the juice of the content in those instant messages? Does it reveal a kind of anxiety, a nervousness, as opposed to an inebriated state or...

GRACE: Well, I got to tell you something...

HOWARD: ... a chilled-back state?

GRACE: they`re writing at 3:00 o`clock in the morning, going, Hi, how are you, I think that`s very odd, to at 3:00 o`clock in the morning...

HOWARD: But kids do that, Nancy. They do.

GRACE: I don`t know. I think...

HOWARD: I mean, they do.

GRACE: ... they could be establishing an alibi.

Very quickly, we`ve got to shift gears. I want to take you to Florida and the latest in the case of a multi-millionaire engineer convicted today. A Florida jury handed down a verdict. Here`s a shot of him in court. I want to go quickly to his defense attorney, Wilbur Smith. Now, Smith, a veteran trial lawyer out of Florida, managed to get a jury to hang the last time they tried this guy. Retrial, got a conviction.

Wilbur, I told you here, you can play back the tape, get your guy to take the stand with a wrench and explain that water damage on the carpet with his wife`s blood on it, and you didn`t do it, Wilbur. I think I`ve got Wilbur Smith.

WILBUR SMITH, MORINGIELLO`S DEFENSE ATTORNEY: Actually, that had nothing to do with the case. The state abandoned the back bedroom and said it`s not even important where she was killed. It doesn`t matter. She was killed in the house or elsewhere. So they abandoned their whole case. They pulled the cornerpiece out of it. But they got the luck of the draw. So third time`s a charm, Nancy. We`ll be back.

GRACE: So you`re already planning your appeal, Wilbur.

SMITH: Oh, we`ve got a -- we`ve got a super...

GRACE: You never give up!

SMITH: ... plan on appeal -- never.

GRACE: Hey, I understand -- is it true, or am I losing my mind? Is it true your guy, now convicted for the murder of his wife, weighting her body down, throwing it in a bay -- he`s actually filing a libel suit against someone, a relative of his dead wife`s? Is that true?

SMITH: No. I don`t think there`s any truth to that. I haven`t heard anything about that. His niece filed a wrongful death suit against him, but he hasn`t filed a -- any type of a libel suit.

GRACE: Well, according to Sam Cook...

SMITH: If he has, I certainly...

GRACE: According to Sam Cook with "The News Press," your guy, heading behind bars, is filing a defamation lawsuit against a relative of Hattie "Fern" Bergeler`s for defaming him over this whole thing. You know what? I think you should think twice. You need to counsel your guy, if that`s the case. I mean, he`s been convicted by a criminal jury.

SMITH: I guess so.

GRACE: So what do you think turned the tide? Do you think, Wilbur -- and look, again, Wilbur Smith got him a hung jury the last time they went to trial. It took him 29 days to even mention his wife was missing. To me, that`s the nail in the coffin.

SMITH: Listen, all I`ll say is this. It`s the luck of the draw. Sometimes you get a panel, sometimes you don`t. You know, we`ve got a very strong point on appeal. I`m just as certain as I can be. You can never be certain about appeals. You know that. Only about 15 percent of cases are ever overturned. But this one`s really strong. They charged him as both acting alone and as a principal, submitted absolutely no evidence that he acted in conjunction with anybody else. So in a circumstantial case, they have to direct out the principal. They didn`t. They give it a jury instruction.

GRACE: Well, you know what?

SMITH: It`s coming back.

GRACE: Lauren -- I think we need a shrink on this one, Wilbur. Here in the studio with me, psychotherapist Lauren Howard. Lauren, they had the perfect scapegoat, and Wilbur really worked it in court. The stepson died of a heroin overdose, so who should they blame? The guy in the cemetery!

HOWARD: That may be. But the fact is, he said on a phone -- the reason that the police were even called is because Lori Siebert (ph), the niece -- he said to her on the phone that his wife didn`t like a gun around and that they tossed it overboard in 2002 on a boating trip. That is the exact gun registered to him that was used as the murder weapon, and it was found in that bay. That`s a direct lie, and that`s what rang the bell. That`s why the police were called in first place. The guy lied.

GRACE: Well, Wilbur Smith, veteran trial lawyer out of Fort Myers, Florida, I know you`re down on this one. I think your guy did it. But you know what? Never underestimate Wilbur Smith on appeal. That`s why he`s smiling tonight. Thank you, Wilbur, for being with us.

Very quickly, to tonight`s...

SMITH: Thank you.

GRACE: Yes, friend. To tonight`s "All Points Bulletin." FBI and law enforcement across the country, on the lookout for this man, Juan Carlos Martinez, wanted in connection with the murder of a co-worker named Marlin Strange (ph), Alabama, `99. Martinez, in his mid-20s, is 5-6, 135 pounds, black hair, brown eyes. If you have any information on Martinez, call the FBI 205-326-6166.

Local news next for some of you, but we`ll all be right back. And remember, live coverage of the murder trial of a driver in a deadly car crash tomorrow, 3:00 to 5:00 Eastern, Court TV`s "Closing Arguments."

Please stay with us as we remember Private First Class Christopher R. Kilpatrick, just 18, an American hero.

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GRACE: We at NANCY GRACE want very much to help, in our way, solve unsolved homicides, find missing people. Take a look at Alina Johnson, just 22 years old. Alina, four months pregnant, October, 2000, she was shot and abandoned on the Richmond, California, waterfront. If you have any information on this girl, Alina Johnson, please call the Carole Sund Carrington Foundation toll-free, 888-813-8389.

Tonight, I want to share something very important with you. I traveled to Washington yesterday to rally Congress to pass the Children`s Safety Act of 2005.

(BEGIN VIDEO CLIP)

And I pray to God in heaven that the members of Congress are strong enough, like Chairman Sensenbrenner, to fight, to fight for those too weak to fight for themselves!

(END VIDEO CLIP)

Tonight, I am asking you to fight, just three phone calls, two to your senators, one to your congressman. The Children`s Safety Act of 2005 addresses crimes against children that we cover here on NANCY GRACE. It include measures that could have prevented the kidnap, assault and murder of 9-year-old Jessie Lunsford.

(BEGIN VIDEO CLIP)

MARK LUNSFORD, DAUGHTER JESSIE RAPED AND MURDERED: Our children are the weakest of our group, and they depend on their parents to keep them safe. And we depend on lawmakers for tougher laws.

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GRACE: The act orders all 50 states to have uniform sex offender registration Web sites. It makes failing to register a federal felony. It creates mandatory minimum sentences for crimes against children. And it forces sex offenders to verify address twice a year. Take a stand. Call your representatives.

I want to thank all of you for being with us tonight. My biggest thank you, as always, to you, as well was my guests, for inviting us into your homes. Coming up, headlines from all around the world, Larry on CNN. I`m Nancy Grace, signing off for tonight. Hope to see you right here tomorrow night, 8:00 o`clock sharp Eastern. Until then, good night, friend.

END