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Freedom, but no pardon: Soering and Haysom to be paroled, deported

“Finally.” That was the first word tweeted on a Twitter account for Jens Soering November 25, the day he learned he and former girlfriend Elizabeth Haysom had been granted parole, 34 years after the savage murders of her parents, Derek and Nancy Haysom.

Upon their release, Soering, 53, and Haysom, 55, will be turned over to ICE. He’ll be deported to Germany and Haysom will be sent to her native Canada. Neither will be allowed to return to the United States.

The sensational case of the two UVA Echols scholars who fled to Asia and were arrested in England has long enthralled central Virginia. Soering was an 18-year-old virgin when he met femme fatale Haysom, 20, and fell under her spell. 

He initially confessed to the slayings of the Bedford couple, whose throats were slit and who were stabbed multiple times, to protect his lover from execution, believing that as the son of a German diplomat, he’d have diplomatic immunity. He quickly recanted his story, but authorities chose not to believe his denial, nor did they accept Haysom’s initial confession.

After fighting deportation for four years, his 1990 murder trial was broadcast, a rarity here. Haysom was sentenced to 90 years as an accomplice before the fact, and Soering received two life sentences.

He has steadfastly maintained his innocence, and over the years has gained many prominent supporters, including German Chancellor Angela Merkel, Nobel Peace Prize nominee Irwin Cotler, and Albemarle Sheriff Chip Harding.

In 2009, then-governor Tim Kaine, on his way out of office, agreed to transfer Soering to Germany, but Kaine’s successor, Bob McDonnell, immediately quashed that plan.

In 2016, German filmmakers released a documentary on the case called Killing for Love. In letters, Haysom frequently expressed her desire to see her parents dead, and suggested that her mother sexually abused her—although she denied that at her trial.

Harding became involved in the case about that time, and with other retired cops—Chuck Reid, who was the Bedford County Sheriff’s Office initial investigator of the murders, former Charlottesville police investigator Richard Hudson, and former FBI agent Stan Lapekas—became convinced there were gaping holes in the evidence against Soering and that Haysom had the motive for the vicious attack.

Haysom’s rare type B blood was found at the scene, as was a bloody sock print. An expert witness at Soering’s trial testified that it could belong to Soering, but other investigators have derided that opinion as “junk science.”

Later testing showed that the O type blood found at Loose Chippings, the Haysoms’ Bedford home, did not belong to Soering, and no physical evidence links him to the crime scene. DNA testing indicates blood found there belongs to two still-unidentified men, says Harding.

He wrote a 19-page letter to the governor in 2017 and said, “In my opinion, Jens Soering would not be convicted if the case were tried today, and the evidence appears to support a case for his innocence.”  

Harding learned of the parole when a reporter called. “I’m ecstatic for Jens,” he says. “It’s his life and this is the most important thing for him. As an investigator, I’m not satisfied.”

He says parole investigators won’t tell him what they found, nor what they determined wasn’t credible. “We’ll probably never get the answers we want.”

Soering’s attorney Steve Rosenfield represented the now-exonerated Robert Davis, another false confession client who spent 13 years in prison. 

Rosenfield filed a petition to pardon Soering in 2016. Governor Ralph Northam rejected an absolute pardon, as did the parole board, which calls Soering’s claims of innocence “without merit.” But the board did agree to parole after rebuffing requests from both model prisoners many times over the years.

In a statement, Board Chair Adrianne Bennett said parole and deportation were appropriate “based on their youth at the time of the offenses, institutional adjustment, and their length of incarceration.” She notes that their expulsion from the United States “is a tremendous cost benefit to the taxpayers of the Commonwealth of Virginia and we have determined that their release does not pose a risk to public safety.”

Rosenfield, who spent more than 3,000 hours working pro bono on Soering’s case, learned of the decision when he read Frank Green’s Richmond Times-Dispatch story, and at press time had not spoken to Soering.

On Twitter, Soering expressed frustration with the decision: “Without a pardon there might be freedom, but there won’t be justice.”

To those who believed him, he says, “I owe this freedom to my fantastic supporters, who worked so hard, never lost hope and stood by me throughout the decades. Apparently, ‘thank you’ isn’t enough.”

Observes Harding, “People in Virginia, if innocent, once convicted, their chances of being vindicated are pretty slim.”

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Pressure to pardon: New experts weigh in on Soering case

 

A nationally recognized DNA expert says his conclusions provide further evidence that convicted murderer and former UVA student Jens Soering, who was charged with the 1985 murders of his girlfriend’s parents, Derek and Nancy Haysom, could be innocent—and that two killers who were involved are still at large.

Forensic scientist Thomas McClintock, who is a Liberty University professor and founder of DNA Diagnostics Inc., reviewed DNA test results done in September 2009. Such testing was not available in 1990, when Soering went to trial.

McClintock focused primarily on three blood-spattered samples—a piece of formica kitchen countertop, the front door and its threshold—from the Bedford County residence where Soering is accused of repeatedly stabbing the Haysoms and slitting their throats.

“Does Jens Soerings’ DNA profile match any of those?” McClintock said to a room full of local and national reporters at City Space on the Downtown Mall September 27. “They absolutely do not.”

In a report dated September 21, he stated that the blood came from at least one male contributor doesn’t match Soering or Derek Haysom’s genetic makeup.

Albemarle Sheriff Chip Harding, a longtime advocate of Soering’s innocence who asked Governor Terry McAuliffe to pardon him more than a year ago, called the press conference to announce new details that support his claim.

McClintock insists his is an unbiased, scientific review. “I don’t have a dog in this race,” he says. “I’m just looking at the data.”

Richard Hudson, a retired detective sergeant who investigated major crimes for the Charlottesville Police Department for more than 25 years, has also joined the cause.

In a September 12 letter to Governor McAuliffe, he writes, “I am a conservative Republican and I don’t generally think releasing criminals from the penitentiary is a good idea. I am persuaded, however, that Mr. Soering could not be convicted today on the evidence, science and analysis that has now been developed.”

He’s spent more than 250 hours reviewing the case, and echoes that there is no genetic evidence that connects Soering to the bloody scene at the Haysom home called Loose Chippings.

“The scientific evidence now demonstrates that two unknown men left their blood at the crime scene,” he wrote. “A shot glass was found on a table near where Derek Haysom’s body was found with an unidentified fingerprint; neither Elizabeth Haysom’s prints nor Mr. Soering’s prints matched.”

Harding’s theory is that the couple’s daughter, Elizabeth, whose uncommon type B blood was found at the scene and who has claimed her mother sexually abused her, had the motive for the savage slayings and used either an emotional or a drug connection to entice the unknown accomplices.

“This case is truly overwhelming,” Hudson told the room of reporters, and the sheriff, who has clocked more than 400 hours on the case, agreed it would be impossible to boil down years of research into an hour-long press conference.

Representatives from ABC’s 20/20 were present, and Harding says they’re working on a documentary, expected to air in November, that he hopes will encompass all of the evidence that supports his evidence-based theory that Soering is innocent.

Harding said the film, along with a supplemental letter he sent to the governor September 13, could pressure McAuliffe to pardon Soering before he leaves office in January.

“As of today, the Bedford County authorities refuse to make any attempt to identify and locate the two men who left their DNA at the crime scene,” Harding wrote. “That leaves two likely killers free to roam Virginia and possibly commit other offenses. …Derek and Nancy Haysom and their families have never received justice, because two killers have escaped prosecution for 32 years. If a pardon for Mr. Soering becomes the first step toward arresting and convicting the two murderers, you will finally give the victims and their loved ones what they deserve.”

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Soering supporter: Sheriff Chip Harding says evidence points to his innocence

Former UVA student Jens Soering has insisted for decades he’s innocent of the notorious double homicide for which he’s been imprisoned for 31 years. He was an international sensation even before then-Governor Tim Kaine agreed to ship Soering back to his native Germany, a decision rescinded by his successor Bob McDonnell immediately upon taking office in 2010.

That didn’t slow the drumbeat that Soering, 50, was wrongfully convicted of the 1985 murders of his girlfriend’s parents, Derek and Nancy Haysom. Now, along with the German Bundestag and Chancellor Angela Merkel calling for his release, Soering has another heavy hitter proclaiming his innocence.

No one would call Albemarle Sheriff Chip Harding soft on crime. He’s spent a career going after the bad guys, most of it with the Charlottesville Police Department, relentlessly investigating crimes and lobbying the General Assembly to fund Virginia’s moribund DNA databank back in the late 1990s and turn it into a national model.

So when Soering’s pro bono attorney, Steve Rosenfield, asked Harding to take a look at the investigation and trial, Harding says he knew little of the case, thought Soering was probably guilty and that “McDonnell did the right thing” in nixing the reparation.

Two hundred hours of investigating hefty case files later, in a 19-page letter to Governor Terry McAuliffe, Harding says, “In my opinion, Jens Soering would not be convicted if the case were tried today, and the evidence appears to support a case for his innocence.”   

Even more disturbing: Recent DNA results from the crime scene indicate “not only was Soering not a contributor of blood found at the crime scene, but two men left blood at the scene.”

Harding’s theory is that the dead couple’s daughter, Elizabeth, whose uncommon type B blood was found at the scene and who has claimed her mother sexually abused her, had the motive for the savage slayings and used either an emotional or a drug connection to entice the unknown accomplices.

“I totally understand why the jury found him guilty,” Harding says. But multiple factors convinced him that the jury had been misled and that Soering had an inadequate defense, including a lead attorney who “was mentally ill and later disbarred,” he writes the governor.

“If I had to pick one thing,” he says, “it was the DNA.”

The DNA databank was established in 1989, the year before Soering’s trial. “There was a lot of blood available at that crime scene,” says Harding. “Why it wasn’t tested, I don’t know.”

He also mentions the bloody sock print found at the scene, about which a so-called expert was allowed to testify that it was likely Soering’s. “That was totally outrageous,” says Harding. Qualified experts have since said the print excludes Soering from the scene, but one juror said in a 1995 affidavit that the sock print testimony swayed him to convict.

Echols scholars Soering and Haysom met his first year at UVA in 1984 when he was 18 and a virgin, he’s said. He was smitten with the 20-year-old Haysom. The weekend of the murders, the two went to Washington in a rental car. Soering initially confessed that he was the killer to protect Haysom because he mistakenly believed he would have some sort of diplomatic immunity.

He quickly recanted and said it was Haysom who disappeared for hours and drove to Bedford, but Haysom, who pleaded guilty to being an accessory before the fact, still maintains Soering was the one who single-handedly butchered her parents.

Harding notes that her court-appointed doctors said at her sentencing “Haysom had a personality disorder and lied regularly.”

Last year Rosenfield, who is the attorney for now-exonerated Robert Davis, filed an absolute pardon with McAuliffe. A German documentary, The Promise, details the case and concludes Soering is innocent.

To have Harding, who has a national reputation in law enforcement, agree, only bolsters Soering’s case, says civil rights attorney Jeff Fogel. “What a coup.”

Harding, who investigated the wrongful conviction of Michael Hash that led to Hash’s release, joins the list of those who believe Soering is innocent, a position not shared by many in Bedford, including the case’s lead investigator, Major Ricky Gardner, who did not return a call, nor current Commonwealth’s Attorney Wes Nance.

Nance says the DNA evidence is not new, and he takes issue with concluding it proves two unknown males were in the Haysom house. “I do take some issue with [Harding’s] self-reported investigation,” such as talking to former lead investigator Chuck Reid, but not Gardner, citing a “movie with an obvious bias position,” and failing “to account for Ms. Haysom continuing to accept responsibility for her role in her parents’ death and continuing to confirm Mr. Soering’s role in those brutal killings,” he writes in an email.

“When you make a false confession in Virginia, it’s hard to get it changed,” says Harding, even when Soering had multiple details from the crime scene wrong. He mentions the Norfolk Four, who were convicted of a 1997 rape and murder and just received pardons. “It was just unbelievable how much evidence there was these guys didn’t do it,” says the sheriff.

“DNA is the truth,” avows Harding. “It proves the innocent, it convicts the guilty. It’s not that I’m hard on crime. I’m just trying to get it right.”

Correction: Elizabeth Haysom’s blood type—B—was found at the scene but it has not been tested to determine whether it’s actually her blood.

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McAuliffe’s dilemma: Will he support McDonnell or Kaine in Jens Soering case?

Former UVA student/convicted murderer Jens Soering has been in prison for 29 years for the stabbing deaths of his girlfriend’s parents, Derek and Nancy Haysom, in 1985. During that time, his case has become an international cause célèbre, and a request to repatriate him to Germany is again before a Virginia governor.

In 2010, outgoing Democratic Governor Tim Kaine agreed to send Soering back to Germany. Almost immediately upon taking office, Republican Governor Bob McDonnell, since convicted of criminal charges himself, revoked Kaine’s decision.

Charlottesville civil rights attorney Steve Rosenfield represented Soering in a lawsuit against McDonnell in 2011, and argued McDonnell did not have the authority to revoke his predecessor’s order. He lost in 2012, and is representing Soering again in the latest repatriation efforts.

“Kaine spent nine months exploring, investigating and negotiating with the German government before his consent to the transfer, whereas McDonnell heard about the decision after a few days in office and did no homework before deciding to rescind Governor Kaine’s consent,” says Rosenfield.

Since McDonnell’s decision, 123 members of the German Parliament have petitioned Democratic Governor Terry McAuliffe to release Soering, the son of a German diplomat. Chancellor Angela Merkel raised the issue during a 2014 visit to Washington, D.C., and the German human rights commissioner visited Soering at Buckingham Correctional Institute, where he’s being held, that same year.

While many people believe Soering’s case is one of botched justice and a human rights travesty, others believe he should rot in jail.

Delegate Rob Bell is one. “Given the vile and heinous nature of his crime, he should spend the rest of his life behind bars,” Bell writes in a recent letter to supporters, urging them to write McAuliffe and ask him to oppose Soering’s release.

Eighteen delegates, including Matt Fariss, who represents a portion of southern Albemarle, have written to McAuliffe and said Soering’s release “would also significantly undermine the integrity of Virginia’s criminal justice system, and would demonstrate that the justice system provides benefits to the powerful and well connected that are not available to minorities and the less fortunate.”

Bell was at UVA from 1984 to 1986, during some of which Soering, a Jefferson Scholar, and his girlfriend, Elizabeth Haysom, were students there. Bell says he “cannot recall a more atrocious crime.”

Following Kaine’s decision to allow the transfer to Germany, Bell urged the House of Delegates to pass a resolution opposing the move. “This is a grotesque miscarriage of justice,” he said on the House floor. “In 25 years—a quarter of a century—we haven’t had a more vile, abominable murder in Central Virginia.”

The night the Haysoms were murdered in their Bedford home, Soering and Elizabeth Haysom had rented a car and driven up to Washington. Someone drove the car back down to Bedford, where Derek Haysom was stabbed 36 times and Nancy Haysom eight times.

Soering and Haysom went on the lam for about a year, hopping from Europe to Bangkok to England, where they were caught running a check-and-merchandise return scam. Initially Soering confessed to the murders, and he said he believed that as the son of a German diplomat he would have immunity and could protect Haysom. He later recanted the confession, and said he stayed in Washington and bought movie tickets while Haysom drove down to Bedford.

She pleaded guilty to first-degree murder as an accessory before the fact in 1987 and was sentenced to 90 years in prison. She’s currently being held in the Fluvanna Correctional Center for Women.

Soering fought extradition, and England only agreed to send him back to the U.S. if capital punishment were taken off the table. Soering was returned to Bedford in 1990, and a jury convicted him of two counts of first-degree murder and sentenced him to two life sentences.

That was before Governor George Allen did away with parole. Soering has been eligible since 2003 and has been denied parole 10 times.

In prison, Soering has never been disciplined for an infraction, and he’s written nine books. While he doesn’t have access to a computer, supporters have created a website with all the particulars of his case. The New Yorker ran a nearly 12,000-word piece on Soering in its November 9 issue.

Two matters are now pending for Soering. He went before the parole board a couple of months ago for the 11th time and has not gotten a decision. “It’s very unusual for the parole board to take this long,” says Rosenfield.

The repatriation request has been pending before Governor McAuliffe for a long time as well, he says. “That’s not unusual because it’s a highly political issue,” Rosenfield says. “The governor is faced with a dilemma of either supporting the decision of Republican Governor McDonnell or Democratic Governor Kaine.”

A spokesperson for Kaine says, “When he was governor, Senator Kaine recommended that Jens Soering be transferred into the German penal system and never be allowed to set foot again in the U.S. He has had no involvement in the case since January 2010 and would not presume to advise Governor McAuliffe on it.”

McAuliffe spokesperson Brian Coy says there is no timetable for a decision. “The process is underway and we will make an announcement when it is complete.”

Correction 11/21/15: Elizabeth Haysom was convicted of being an accessory before that fact, not after.