New insights regarding missing tape and bloody gun
July 17, 2000
(photos in this post:
padmiller.jpg Attorney Timothy Padilla (left) with client Bill Miller
hossente.jpg Diazien Hossencofft
hengexit.jpg Linda Henning
millerpad.jpg Bill Miller (left) and his attorney Timothy Padilla leaving court
hosselev.jpg Diazien Hossencofft)
(Albuquerque) It is likely the first time the “Big Three” have gathered together since September 9, 1999.
Last fall, Diazien Hossencofft, Linda Henning and Bill Miller met at the Page One bookstore in northeast Albuquerque. Hours later, Girly Chew Hossencofft disappeared. Police believe she was kidnapped and killed that night.
Mr. Hossencofft is charged with murdering his estranged wife. Ms. Henning is also charged with that same crime. Miller has not been charged. But his home and property have been extensively searched. He remains a focal point in the investigation.
Ten months later, the three gathered for a “Show Cause” hearing in a State District courtroom in Albuquerque. Once again, Mr. Miller was the focal point.
As Henning and Hossencofft looked on, Miller took the stand and attempted to explain why he has failed to produce a specific audio tape for prosecutors in the case. Miller confirmed that he recorded a phone conversation with Henning last October. He stated that he made the recording in his lawyer’s office with his attorney, Timothy Padilla, present at the time.
Padilla told District Court Judge Richard Knowles Monday that he simply lost the tape.
Miller told the court that he never touched the tape, but simply pressed the buttons on the recording machine.
Prosecutor Paul Spiers asked Miller about the details of the recorded phone conversation between Miller and Henning. Miller initially explained that Henning wanted him to lie about the location of a site where the pair had gone for “target shooting practice”. Miller stated that, in the recorded phone conversation, Henning said that she mistakenly told the Grand Jury the wrong location of the target shooting site. Miller says Henning wanted him to provide the same location for the Grand Jury so that her story would be consistent with Miller’s.
Minutes later, Miller revised his statement and explained that he had made a mistake in describing the timing of the phone call. He went on to point out that he had already testified to the Grand Jury and that–in the recorded phone conversation–Henning wanted to know if Miller lied about the target shooting location. Miller proceeded to tell the court that Henning–during a prior face to face conversation–had asked him to lie about the target shooting location.
In the end, the judge advised Miller’s attorney to look a little harder for the missing tape. Judge Knowles explained that the attorney and client risked being held in contempt.
The judge heard a few other motions following the show cause hearing. What seemed destined to be routine house cleaning actually revealed a new aspect to the case. Henning’s attorney requested that the prosecution provide the defense attorneys with copies of blood tests. That prompted the prosecution to reveal to the court that small amounts of blood were found on the slide and in the barrel of a 9mm gun. A 9mm handgun was found on Mr. Hossencofft when he was arrested in South Carolina shortly after Girly Chew Hossencofft disappeared.
The case is not expected to go to trial until early next year. The trial date had been tentatively scheduled for January 2001. But due to a serious illness affecting Diazien Hossencofft’s attorney Ron Koch, this trial could be pushed back to the Spring of 2001.