Legal Dialogs

(First of two statements on June 11, 2005)
 
We, Clyde Anthony Burke and Shaniro Baldrik Kelly, respectively sergeant first class and sergeant with the Korps Politie Aruba and both attached to the section Often Occurring Crimes District II, declare the following.

Interrogators: On June 11th 2005 at about 12:10 hours, we, the reporting officers, interviewed the suspect D.S. Kalpoe, for further information.
 
Before the interview or interrogation started the suspect D.S. Kalpoe was informed that he was not obliged to answer the questions. and that his statement would be recorded on videotape.
 
The statement he made in Dutch was transcribed and goes as follows.

Deepak: I am now willing to make a statement that is in accordance with the truth. Several details were missing from my last statement. I am going to tell you exactly what happened that night. On Sunday May 29th 2005 at approximately 21:50 hours, I was called by my friend Joran. He said that he was in the vicinity of the Mc Donalds on Palm Beach and that he was waiting for his father. He further told me that he had met girls in the casino and that these girls would be going to "Carlos & Charlie's" and whether I wanted to go with him. I said that it was OK or fine and that I was going to go home for a short while and that after that I would pick him up at his place. I was picked up by my brother Satïsh at the place where I work. We then went to the "Taco Bell" in Santa Cruz. There we bought something to eat and after that we drove home. On the way home I was bitten by ants in the car. I had told my brother that when we got back home, we should clean the car because if there were going to be girls in the car they would be bitten by ants too.

Interrogators: Did you all agree that there would be girls in the car?

Deepak: We had not agreed anything, but I just thought that just in case that would happen.
 
After we ate me and my brother cleaned the car. I was called by Joran again at approximately 23:10 hours. He asked if we were still coming. I told him that we would be there shortly, I took a bath and then me and my brother went in the direction of Joran's place. I was sitting behind the wheel. Having arrived at Joran's we had to wait for him. We arrived at Joran's at approximately 24:00 hours. Joran was still busy printing a school assignment.

Interrogators: Did Joran, while you were sitting there waiting, comment or make any remarks about the girls he met in the casino?

Deepak: Joran had said he met a few girls in the casino, that they were pretty and that he would meet them inside "Carlos & Charlies."

Interrogators: Did he mention the names of the girls?

Deepak: He named no names.
 
We left Joran's place between 00:15 and 00:20 hours for "Carlos & Charlies." At that time my brother was driving. I was in the front seat and Joran was in the back. We arrived at "Carlos & Charlies" at approximately 00:30. My brother had parked the car on the parking lot behind "Carlos & Charlie's." We then walked towards "Carlos & Charlies." In front of "Carlos & Charlie's," there was a group of girls. Joran had noticed that these girls were also part of the group he met at the casino. Joran had greeted the girls and then we walked into "Carlos & Charlie's." When we got inside we walked to the bar. At the bar Joran talked to a boy I know by face only. He had bought a drink for him and the boy. The drink is called "Caribbean Motherfucker."

Interrogators: What kind of drink is that?

Deepak: This drink is beer with a shot of "151" vodka in a small glass inside the glass of beer. Joran had asked us if we wanted one too. We hadn't taken him up on his offer. Then he had bought us three "Yards" with whiskey coke. He payed for the drinks. We then walked towards the stage or podium. We stood in front of the podium. On the podium there was a group of girls that were dancing. One of the girls made a hand gesture towards Joran, inviting him to come and dance with her. Joran gestured back no. After about three minutes the girl came down from the podium towards Joran. I heard her ask him why he hadn't come up and dance with her. Joran answered something but I hadn't heard what he had said. The girl took him by the hands to get him onto the dance floor. But Joran pulled back his hands. Then they stayed and talked to each other. I didn't hear the conversation, because at that moment a friend of mine came over to talk to me. I had turned around and talked to my friend.
 
After a while I turned around and noticed that Satish, Joran and the girl Natalee were no longer where I had last seen them standing last. I then searched for them in the club but without a positive result. Then I went to look near the bathrooms. I also didn't find them there, I then used the bathroom myself. After I walked out of the bathroom, I called Joran on his mobile phone. He did not answer. I walked to the parking lot where my car was parked. When I arrived at my car I sat on the ground next to my car, because my brother had the keys. I then called my brother on his mobile phone. I had very few minutes left on my pre-paid phone so I called him in a manner that produces what in English is called a "miss call". After that my brother phoned me back, I asked him where they were and he said that they were still inside and that he would come. After a while Satish came walking, I asked him where Joran was and he said that Joran was still inside. I told Satish to give me the keys and to go find Joran. Satish left and I got into my car. I stayed inside of the car with the door open. I had one leg outside the car and I was playing music and adjusting my radio set-up. After a while I heard the door on the passenger side open. I saw that it was Satish getting into the car. Joran opened the door behind Satish and also got in. I cannot remember if the girl got into the same car door. I do know that she sat down behind me. I briefly turned around and introduced myself to the girl. She had told me that her name was Natalee.

Interrogators: Was Satish introduced to the girl or did he introduce himself?

Deepak: He did not introduce himself to the girl and also wasn't introduced to her. I had turned back and switched on the lights of my car. After that I turned around again and asked Joran in Papiamentu: "kiko nos ta hasi" (loosely translated by reporting officer to the "what are we going to do now?)" Joran had answered in Papiamentu "Core rond." (loosely translated by reporting officer: "drive around.)" I had driven past the front of "Carlos and Charlies" twice. When we came to the end of our second drive around I saw the people of the "Visibility Team" stand on the corner of the road that lead in front of the afore mentioned establishment. I decided to turn left into the Weststraat in the direction of "Choose a Name." On the corner of L.G. Smith and the Weststraat I saw a group of people standing there. The girl stuck her head out of the window and yelled something. I had not heard what she had yelled.

Interrogators: Did you recognize anyone from this group?

Deepak: It was the same group I had seen outside of "Carlos & Charlie." I also remember a boy that walked up to the car and said to Natalee in English "Get out of the car. What are you doing there. Are you crazy?" (loosely translated by reporting officer: Get out of the car. What are you doing there. Are you crazy). I then drove a little further and stopped in front of the pedestrian crossing near the "Royal Plaza." I had then said to the girl that if your friends think it is better that you go with them, you'd better do that. The girl had said to me that no I am staying with you guys. I then called Joran by his name. He did not answer. He was talking to the girl. I called out to Joran again but now a bit louder. He then said, keep on driving. I then drove in the direction of "Caya G.F. Betico Croes." After that I drove in the direction of the "Renaissance Hotel." There I turned onto L.G. Smith Boulevard. I proceeded to drive in a Westerly direction. I drove on until we got to the intersection where I had last seen her friends. When we arrived there I saw that they were no longer there. I asked Joran what were were going to do now. The girl said at some point something about "Sharks" and "Lighthouse." That is what I had heard. Joran then said "Lighthouse." I knew at that moment that I had to drive to the "Lighthouse." I rolled up the windows and put the air conditioning on and drove towards the "Lighthouse."
 
On the way to the "Lighthouse" me and my brother sat in front and talked and Joran and the girl were in the back and talked. I could not hear what they were talking about. At approximately where the "La Cabana Hotel" was, Satish popped in a DVD that had nude scenes in it. The girl said in English "Oh my God, whats that" (loosely translated by reporting officer: Oh my God, What is that.) I then said to Joran in English: "Now she is going to think that we're perverts (loosely translated by reporting officer: Now the girls is going to think we are perverts.) After a while Joran said to Satish in Dutch. "Switch off the DVD, she has had enough of it." Satish had done what he requested or asked.
 
I had been driving on, towards Arashi. When I arrived at Arashi I stopped the car on the asphalted section. I got out because I had to take a leak. After that I got back in and we drove towards the "Lighthouse." Having arrived at the "Lighthouse" I drove into the road and drove past the front of the restaurant. When we drove past the front I said, here we are this is the "Lighthouse." Nobody answered me. At some point I looked into the rear view mirror and saw that Joran and the girl were French kissing. I had not seen that Joran's hands were under the girls skirt. I only saw him kissing her. I looked at my brother Satish. He said keep on driving. After that I continued in the direction from which we just came. I saw a little farther up the road, at about where the Lighthouse is, a green jeep and a four door, white car. After that I drove down the road towards Arashi. Having arrived on the Smith Boulevard, on the section of road that has no street lights, I asked Joran if I should head back to town. Joran said no, no, let me out here. That was in the vicinity of the "Marriott Hotel." I asked, where is here. He said here. I turned into a side street. To your question as to what kind of a road it was, I can say the following. I am not sure if it was a sand or a dirt road or a paved road. I am willing to show you where the street is that I just mentioned.

Interrogators: How far did you drive into the afore mentioned street?

Deepak: I think I drove about 55 yards into that street. Joran said that I could leave him there. After that I brought my car to a full stop. Joran got out first and then the girl. He said: "Fine, I will see you tomorrow." I then asked him how he would get home. He said that he would find a way to get home. I said, and the girl. He answered, I will drop her off at the "Holiday Inn Hotel," we will walk along the beach and it is very close by. I had asked him, are you sure. He answered yes, I will see you tomorrow. I do remember that I saw them walking away hand in hand. I drove out of the street to get back onto the road and then drove towards my house. I do remember that in front of the "Marriott Hotel" Satish asked me to stop for a minute. I did what he asked me, Satish rolled down his window and threw out the two "Yards." After that we drove until we got to the roundabout near "Texaco Sasakr." At the roundabout I headed due east towards my house at Hooiberg.

Interrogators:How late did you get home?

Deepak: We arrived home approximately 02.20 hours.
 
When we got home Satish immediately went to bed. I had switched on the television. I had also turned on the computer in my room. I went and chatted with a friend of mine on "MSN." His name is John Charles Croes. I had told the afore mentioned Croes during the chat that we had gone out and that I was waiting for a friend of mine because I had dropped him off on the street together with a girl.

Interrogators: Why were you waiting for Joran?

Deepak: We always do that if one of us has stayed on the street, we wait.

Interrogators: What does that waiting comprises of?

Deepak: Waiting means that we call each other and say everything is fine.
 
After having chatted with John I went into the living room and watched TV. Between 02.45 and 03.15 hours, I cannot remember the exact time it was, Joran phoned me. He asked me what I was doing. I answered that I was watching television. I asked him, and you? He answered that at moment in time he was walking home. I then said to him, you see if you had stayed with me, you could have gotten a ride home. I then asked him, and how did it go. He said to me, no man, we just briefly went into the water. After that according to Joran the girl had fallen asleep on the beach. He said he had left her there. He did not say to me where this all took place. At that point I got angry at Joran and asked him, why he left that girl on the beach. After that he said that he was walking home barefoot. I then said, what do you mean, you are walking home barefoot and I asked him where his sneakers or sport shoes were. He answered that he had left his sneakers or sport shoes at the beach. I had told him that at that moment I didn't understand what he was talking about, but that if he got home he should call me. After that I sent him a message via the M.A.S. System of Setar. The message said: when you get home you should come online. I am waiting for you and after that I am going to sleep.

Interrogators: Did Joran tell you if they had gone into the water or just walked along the water's edge?

Deepak: He did not tell me.

Interrogators: How long did you and Joran talk when he had phoned you?

Deepak: I estimate that we talked about 4 to 5 minutes. We also talked about whether I would go to work the next day and other stuff.
 
After that I went back to "chatting" on the computer with my friend John. I had told John that I needed to wait up for Joran and that he was walking home. John had noted that it was good for Joran because if he had driven with me, he wouldn't have to walk home now.
 
I went to the bathroom for a while. When I got back I could see that Joran had been "online." He had sent me several messages. The messages were, I am already here and thanks for waiting, I will see you tomorrow.
 
After a while I went to sleep.

Interrogators: Had you been been in contact with Joran that next day?

Deepak: On that day, after I woke up, I had called Joran at approximately 18.00 hours. I just asked him how he was. Joran was at that moment in time together with a friend of ours named Guido in the casino at "Wyndham." I said that it was OK and that I would talk to him later. Before I finished working, I had called him again. He said that at that time he was in the casino of the "Radisson Hotel." I said that I would come bye there.
 
Satish came and picked me up from work at approximately 23:10 hours at my place of work. I had brought Satish home because he had school the following day and also because my mother had been angry because we had stayed out late that day and that Satish hadn't gone to school. I then went to the "Radisson Hotel." When I arrived there I met up with Joran, Guido and Andre. Joran was playing in a poker tournament. I sat and watched. Joran was pretty inebriated that evening. We stayed there and played for about 2 hours after I arrived. I had arrived there at approximately 00;00 hours. At some point there was an verbal altercation between a tourist and Joran. The tourist was of the opinion that we were helping Joran. We said to Joran that it was better if we left. We then left.
 
Guido left to take Andre home and me and Joran went to the "Wyndham" hotel. I wanted to play blackjack. When we arrived at the "Wyndham," while I was parking Joran received a telephone call on his mobile. He spoke to a person. I heard him say the name Paul. I assumed that he was talking to his father. Because I know his father's name is Paul. After the conversation Joran said to me that it had been his father calling and that he told him that there was police at their house and that it was about the girl that we had been out with the previous night. Paul also said to Joran that we should stay put and that he would come to pick us up. Joran had misunderstood that and we drove to his house. At that moment I heard Joran say "What the fuck is up with or wrong with this bitch." Then he said to me that if the police should ask anything that we should say the following: That we left together with the girl from "Carlos & Charlie's," that we drove around, that Joran kissed and fingered her, that she fell asleep in the car and that we had taken her to the hotel.
 
When we arrived at Joran's house nobody was there. At that point I then used Joran's mobile phone to call my brother. I had told my brother Satish what he should tell the police if they came over there. Meaning the story that Joran had just told me.
 
When I got home I told Satish about the security guard. Meaning that he should add that piece to the story.

Interrogators: Where did the story with the security guard come into the picture?

Deepak: I had made-up that part of the story.

Interrogators: Did you think about telling the truth that night?

Deepak: I had not told the truth because first of all Joran had asked me not to, he is my friend and I was afraid of the police because I thought that I would get into trouble with the police.

Interrogators: How was Joran on the day that you went to "Carlos & Charlies?"

Deepak: He was sociable, not aggressive. In one word sociable. I do not know how much he had to drink.

Interrogators: How was Natalee that night in "Carlos & Charlies?"

Deepak: She danced beautifully. I had lied in my previous statement about her being unsteady on her feet when she stepped off the podium or stage. That was beside the truth. She had a steady walk. In my opinion she was reasonably sober "with it."
 
(footnote reporting officer: at approximately 13:25 hours the interview was halted because the suspect had to be arraigned with the District Attorney and this had to be review by the Judge Commissioner)

Deepak: I just remembered something. If Joran says that we took him home, then that is not based on the truth. Because he had sent me a message that said that he when he got home he would get online. You should check my mobile phone to see if the message is still in there.
 
I also have to tell you that Joran was wearing white sneakers or sport shoes that night. If you search his home then you will see or find that the shoes aren't there. He had told me that he had left them on the beach.

Interrogators: Do you know if Joran told this story to someone else?

Deepak: I know Joran told his story to his friend named Freddy Zedan. Freddy lives behind Joran. His mobile phone number is in my mobile phone.

Interrogators: Did Joran tell you what he had told Freddy?

Deepak: Joran told me that he had told Freddy the truth and the made up story. I know that he trusts Freddy more because they have known each other for a long time. If you go and talk to Freddy, he will tell you the made up story and maybe also the truth.

Interrogators: What do you think Joran's fathers part was in this case?

Deepak: Truth be told I think he believed the story we had told him. He had then looked for a lawyer for me and my brother.

Interrogators: What did Joran's father advise you?

Deepak: He told us that if we were to be arrested that we should remain calm and not come up with a different story.
 
I am also prepared to drive with you the route we drove that night in question. I am also prepared to show you the spot where we dropped off Joran and the girl.

Interrogators: Can you make a detailed statements about the conversations that were happening while we were driving this route?

Deepak: I did hear some things. I heard the girl say something about sharks and "Lighthouse." The comment she made about the video clip. Joran had told me two days later that the girl had asked him whether me and my brother had been his slaves. The girl had told Joran that she was from Alabama, and that she didn't like people of dark colour and that they owned a farm and that the people working on their farm were all of dark colour.

Interrogators: Had the girl made a racist comment to you?

Deepak: The girl had not made a comment along those lines to us.

Interrogators: How do you think about Joran now making statements against you and your brother?

Deepak: I think he that he did this to blame the whole thing on us.

Interrogators: What do you think happened to the girl or what did Joran do to her?

Deepak: I think that he raped her and is afraid to state that. I don't think he murdered her.

Interrogators: Why do you think he has raped her?

Deepak: I think that because he doesn't want to tell the truth. That is the only reason I can think of.

Interrogators: Do you think Joran could have been involved with a rape some time before?

Deepak: I do not know. My brother told me once that a girl had said that she had been impregnated by Joran. I do not know what happened after that.

Interrogators: Is your statement you have just made entirely in accordance with the truth?

Deepak: My statement is in accordance with the truth. I swear to you that this is the truth.
 
My wish is that before I sign my statement, I am allowed to read through it with my lawyer.
 
After the suspect D.S. Kalpoe read the above transcribed statement, he said he would persist in that statement and signed the statement.
 
Of which, we, the reporting officers on our oat as officers have made his police statement, closed and signed in Oranjestad on June 11 2005.