Transcript: Lets Make a Deal

This is a partial transcript from "On the Record," February 7, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: A former lawyer indicted for the murder of his wife and his father may be the key witness against him. As part of a plea deal, Arthur March told police that his son Perry beat his wife to death with a wrench during an argument in 1996. Then, Perry allegedly asked his father to help him get rid of the body.

Joining us live in Nashville is Davidson County Deputy District Attorney Tom Thurman. Tom, as tragic as it may be I assume that you are hoping that indeed Perry March and Arthur March will lead you to the body of Janet is that right?

TOM THURMAN, DAVIDSON COUNTY DEPUTY D.A.: Well, that's correct. We have a very active investigation right now attempting to find the remains of Janet March.

VAN SUSTEREN: Have they actually given you a location?

THURMAN: Well, I really can't comment on that right now. I can only comment on what was released in federal court yesterday, so the details of the investigation as to the body I can't comment on right now.

VAN SUSTEREN: Is part of the agreement that Arthur March, the father, will testify against Perry who still has not pled guilty? Is that the deal?

THURMAN: That's correct. That was stated in federal court that he has agreed to cooperate with both state and federal authorities and testify in any proceeding he's requested to do so.

VAN SUSTEREN: I imagine, Tom, that Perry upon learning that information may have sort of second thoughts about whether he may work out a deal?

THURMAN: Well, I can't speak for Perry March.

VAN SUSTEREN: What is the evidence that you have against Arthur and Perry?

THURMAN: Well, again, I can't really comment on the evidence since we still have at least two trials for Perry March right now so I can't comment on the evidence at this time.

VAN SUSTEREN: But I assume it's part of the plea proffer that's read in open court on the record as part of Arthur's plea that it laid out what the evidence would have been had you gone to trial against Arthur. I mean the rules require that.

THURMAN: Yes, it was laid out. Obviously there were tapes involving both Arthur March and Perry March that were stated in federal court, which implicated both Perry March and Arthur March in a plot to kill the Levines.

VAN SUSTEREN: And the Levines being Janet March's parents is that right? Janet's the wife.

THURMAN: Parents.

VAN SUSTEREN: And the Levines are I mean her parents, her parents?

THURMAN: That's correct.

VAN SUSTEREN: Were there any other facts laid out in that proffer in federal court which was evidence that you would have expected would have been proven against Arthur had he gone to trial?

THURMAN: Well, the fact that he did believe that the murders had been committed and he met with an FBI agent at the Guadalajara Airport expecting it to be the hit man who had called and said he was flying into Mexico where Arthur was to meet him and take him to his home.

VAN SUSTEREN: How old a man is Arthur?

THURMAN: He's 78 years old.

VAN SUSTEREN: Does he have any other criminal record?

THURMAN: No, he does not.

VAN SUSTEREN: I assume that he's a retired man living in Mexico. What was his occupation prior to retirement?

THURMAN: Well, he was a retired colonel in the army and also he was a pharmacist.

VAN SUSTEREN: How long had he been living in Mexico?

THURMAN: Several years now. I'm not sure exactly how many years.

VAN SUSTEREN: Since his son Perry had been picked up some time ago and brought back to the United States was he actually caring for Janet and Perry's children?

THURMAN: No, he was not. Once Perry was deported back to the United States and charged with this case, the children were also deported from Mexico or they left Mexico voluntarily and the Levines now have temporary custody of them.

VAN SUSTEREN: Arthur has pled guilty now and as part of the plea agreement he's going to testify against Perry. What's his exposure? What's the maximum amount of time he could get in prison?

THURMAN: Are you talking about Arthur?

VAN SUSTEREN: Arthur, yes.

THURMAN: Well, Arthur's plea agreement was basically that he would serve 18 months in federal penitentiary and then would be on release, probation, parole release for three years I think.

VAN SUSTEREN: All right, that's for solicitation to commit murder. Tom, thank you very much.

THURMAN: You're welcome.

VAN SUSTEREN: Arthur March's defense lawyers go "On the Record" next.

(COMMERCIAL BREAK)

VAN SUSTEREN: Arthur March is facing up to 20 years behind bars for his role in a plot to murder his son's in-laws but he struck a deal and turned on his son to save himself.

Arthur March's lawyers Dan Alexander and Fletcher Long join us live from Nashville. Dan, how many counts did your client actually plead to?

DAN ALEXANDER, ATTORNEY FOR ARTHUR MARCH: One, Greta. That would be Title 18 solicitation to violate the interstate for a murder for hire statute.

VAN SUSTEREN: And he's facing 18 months is that right Dan?

ALEXANDER: Well that's the agreement, yes.

VAN SUSTEREN: Fletcher, it's quite an agreement, 18 months for basically a conspiracy to commit a murder or contract to commit a murder. That's a great deal from the defense perspective, do you agree?

FLETCHER LONG, ATTORNEY FOR ARTHUR MARCH: Well, Greta, as you know full well, in federal court oftentimes you have to evaluate what the state's case or the government's case is going to be against your client, what defenses you can raise and then hopefully you can reach some middle ground but we're very happy with how it worked out, yes.

ALEXANDER: Greta.

VAN SUSTEREN: Yes, go ahead Dan.

ALEXANDER: Fletcher's being very modest. He did a wonderful job with it.

VAN SUSTEREN: All right, Fletcher, your client caught on tape talking about basically somewhat in code talking about having the Levines, Janet's parents murdered?

LONG: Well, the tapes were a train wreck I would have to say. Colonel March had some defenses he could have asserted; however, he didn't have any offenses that wouldn't have -- he didn't have any defenses which wouldn't have required him to first admit that he engaged in the conduct.

VAN SUSTEREN: All right, extraordinary plea offer, only 18 months on that. Anyway, Dan, does your client know where Janet March's body is or the remains at this point?

ALEXANDER: You know I really shouldn't comment on that, Greta, because he's assisting the authorities now and I'd rather let them have the opportunity to have the benefit of what he can tell them.

VAN SUSTEREN: All right. I wasn't asking the specifics actually but it was announced in open court, federal court that that was part of the plea agreement that he would lead them to the remains because I know the Levines would very much like to give their daughter a proper burial to the extent they can at this point.

LONG: Let me say this, Greta. Colonel March, as was announced in open court, disposed of the body. He is providing cooperation with the government inasmuch as he can over a 10-year period to tell them about where that was done, so it is anticipated and it is hoped that he can give them some information which would assist the investigation.

VAN SUSTEREN: Dan, how hard was it or how easy was it, I don't know what the right term is, for Colonel March to decide to testify against his son in a murder case?

ALEXANDER: Well, Greta, as you can imagine that's a trying experience but I hope no one has a problem with Colonel March coming forth and telling the truth. It's never easy. It had to be done.

VAN SUSTEREN: Why did he wait? Why did he wait? This happened in 1996 and the big question always is, you know, to what extent the parent will cover for a child. Why the almost ten years?

LONG: You know, Greta, if I can respond to that 10 years ago when he was presented with the information that he was presented with from Perry March, he had two choices. He could roll over on him then or he could attempt to assist.

Now, while that doesn't necessarily negate his conduct and doesn't defend it, it is somewhat understandable. It's just a matter of when he comes forward, whether he comes forward ten years ago or now. Either way he would be given up.

VAN SUSTEREN: Except one problem. Except there's one glitch in that his attempt to assist later on resulted him attempting to work out a plan to kill Janet March's parents, so it's not exactly, I mean you have to admit that's an unusual way to assist.

ALEXANDER: Well, Greta, Tennessee's a bit unusual. For example, you would have an exemption in the law here in Tennessee if you harbored a son or a daughter who you knew had committed a crime. That would not be an offense in Tennessee, so the laws are...

VAN SUSTEREN: Except they live in Mexico. But they live in Mexico.

ALEXANDER: Well, I know but it occurred here.

LONG: Yes, but they're being prosecuted here.

ALEXANDER: They're being prosecuted here, Greta.

VAN SUSTEREN: All right, well I guess we'll all agree and so will the federal court that assisting and trying to kill the in-laws is a crime. But anyway I'm going to take the last word on that. Dan, Fletcher, thank you both very much.

ALEXANDER: Thank you, Greta.

LONG: Thank you, Greta.

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