Jens Soering

Case record: Jens Soering

Background

Jens Soering was born August 1, 1966, in Bangkok, Thailand. He was a German citizen.

Jens Soering was the son of a German diplomat. In 1984, he began to study at the University of Virginia. While studying at the University of Virginia, he fell in love with Elizabeth Haysom, a student and a Canadian national.

Elizabeth Haysom’s parents, Derek and Nancy Haysom, were murdered in March 1985.

Jens Soering and Elizabeth Haysom were later arrested in England the following year after they were caught with a check fraud scheme.

The offence

During or after dinner, Jens Soering picked a quarrel and attacked Derek Haysom and Nancy Haysom with a knife. Both victims were found with their throats slit and with stab and slash wounds to the neck and body.

In the later narrative of the events presented in the case material, it was described that there were no eyewitnesses or fingerprints of Jens Soering at the scene and that no usable DNA was found.

A separate narrative in the case material described that the victims appeared to have sat down to dinner before they were killed and that they had been drinking quite a bit. Autopsies on the bodies determined that both victims had 0.22 percent blood-alcohol levels.

Derek Haysom was described as 72 when he was murdered. Nancy Haysom was described as 53 when she was murdered.

It was described that there was no sign of forced entry or robbery.

Investigation

After the bodies were found, a criminal investigation led from Virginia to England and became part of a three-year legal battle.

Investigators discussed motive and focused on the whereabouts of Elizabeth Haysom at the time of the murders. The case material described a dispute in what each party later claimed about who drove to the Haysom home at the time of the killings: in the later narrative presented, it was stated that Jens Soering drove to the Haysom home to commit the murders while Elizabeth Haysom stayed behind in Washington; a different account in the case material described that Soering claimed he was in Washington when the murders occurred.

The case material described that investigators began to focus on limited evidence including a bloody footprint on the Haysoms’ floor.

Jens Soering refused to submit samples of his fingerprints and blood to police in the period leading up to his confrontation by investigators. The case material described that Soering feared he would be deported or that his family would get in trouble if West German authorities learned of his involvement in a murder investigation.

A statement in the case material described that investigators learned through interviews with Haysom family members, including Elizabeth, that Derek Haysom did not approve of Jens Soering dating his daughter.

Jens Soering was confronted by investigators in early October 1985. The case material described that investigators used a “good cop-bad cop” approach.

At the time, it was described that Jens Soering’s father was vice consul at the West German consulate in Detroit.

The case material also described that British police searched the couple’s apartment after their arrest in England and found bogus passports, wigs, mustaches and fraudulent checks, as well as letters to each other and a diary that led investigators to believe a murder had been committed.

The case material described that in interrogations over four days, with no lawyer present, Jens Soering confessed to the murders. It also described that Elizabeth Haysom confessed briefly and then recanted, and that she then stuck with Jens Soering’s account.

It was described that two English psychiatrists diagnosed Elizabeth Haysom as a borderline schizophrenic and pathological liar, and that Jens Soering was found to be a sufferer of folie a deux, in which psychotic symptoms are transmitted from one person to another in a close relationship. The case material included a verbatim statement attributed to one of the doctors:

"Miss Haysom had a stupefying and mesmeric effect on Soering which led to an abnormal psychological state in which he became unable to think rationally."

Arrest

Jens Soering was arrested on April 30, 1986 for fraud in London. He had been transferred to U.S. authorities in 1990.

The case material described that, in October 1985, Jens Soering and Elizabeth Haysom fled to Europe, and that on 30 April 1986 they were arrested in England on charges of cheque fraud.

Trial

Six weeks after the arrest, a grand jury of the Circuit Court of Bedford County, Virginia, indicted Jens Soering with capital murder of the Haysoms and also indicted him with their separate non-capital murders.

On August 11, 1986, the United States requested extradition for the pair based on the 1972 extradition treaty. A warrant was issued under section 8 of the Extradition Act 1870 for the arrest of Jens Soering, and he was committed to await the Home Secretary’s order to extradite him to the United States.

Jens Soering filed a petition for habeas corpus with the Divisional Court and sought permission for judicial review of the decision to commit him, arguing that the Extradition Act 1870 did not authorize extradition for a capital charge. He cited article IV of the US-UK extradition treaty, which provides that an extradition request for an offence carrying the death penalty can be refused if the requesting country has not given “assurances [...] that the death penalty will not be carried out.” An assurance had been provided by the Commonwealth Attorney of Bedford County, but Jens Soering contended it was worthless.

On 11 December 1987, Lord Justice Lloyd in the Divisional Court admitted that the assurance “leaves something to be desired” but refused the request for judicial review, stating that Jens Soering’s request was premature as the Home Secretary had not yet accepted the assurance. Jens Soering appealed to the Judicial Committee of the House of Lords, which rejected his claim on 30 June 1988. He petitioned the Home Secretary without success, and extradition was authorized on 3 August 1988.

Jens Soering filed a claim with the European Commission of Human Rights on 9 July 1988 asserting that he would face inhuman and degrading treatment contrary to Article 3 of the European Convention on Human Rights if he were extradited to the United States, due to the likely application of the death penalty. The European Commission of Human Rights requested that no extradition take place pending delivery of its judgment.

Jens Soering’s application was declared admissible on 10 November 1988. The European Commission of Human Rights gave its judgment on 19 January 1989, deciding by six votes to five that in this particular case the extradition would not constitute inhuman or degrading treatment. The Commission accepted that extradition of a person to a country “where it is certain or where there is a serious risk that the person will be subjected to torture or inhuman treatment the deportation or extradition would, in itself, under such circumstances constitute inhuman treatment.”

On 7 July 1989, the European Court of Human Rights handed down a unanimous judgment affirming the Commission’s conclusion that Article 3 could be engaged by the extradition process and that the extraditing state could be responsible for the breach where it was aware of a real risk that the person might be subject to inhuman or degrading treatment. Amnesty International intervened and submitted that, given “evolving standards in Western Europe regarding the existence and use of the death penalty”, this punishment should be considered as inhuman and degrading and effectively prohibited by Article 3. This was not accepted by the European Court of Human Rights, and the case material stated that Article 3 could not stand in the way of extradition merely because of possible exposure to the death penalty.

The European Court of Human Rights concluded that the “death row phenomenon” breached Article 3. The case material stated that it highlighted four factors contributing to the violation:

• The length of detention prior to execution
• Conditions on death row
• Jens Soering’s age and mental condition
• The possibility of extradition to Germany

The case material included the European Court of Human Rights’ statement:

[H]aving regard to the very long period of time spent on death row in such extreme conditions, with the ever present and mounting anguish of awaiting execution of the death penalty, and to the personal circumstances of the applicant, especially his age and mental state at the time of the offence, the applicant's extradition to the United States would expose him to a real risk of treatment going beyond the threshold set by Article 3. A further consideration of relevance is that in the particular instance the legitimate purpose of extradition could be achieved by another means [extradition or deportation to Germany], which would not involve suffering of such exceptional intensity or duration.

After further assurances were obtained by the U.K. government, Jens Soering was tried and convicted of first degree murders of the Haysoms.

Jens Soering was sentenced to two consecutive life terms for the murders.

Sentencing

On 4 September 1990, Jens Soering was sentenced to two consecutive life terms for the murders.

The case material described that the charge initially carried the death penalty and was later dropped.

Appeals

In 2001, the U.S. Supreme Court rejected Jens Soering’s revision.

The case material described that Jens Soering pursued multiple appeals, and that a lead trial attorney named Richard Neaton was disbarred in 2001 after bar disciplinary proceedings that included an admission that Neaton’s “ability to practice law was materially impaired by an emotional or mental disability” during the time he represented Soering.

It was also described that six applications for early release were rejected, with the latest application noted as August 2010.

The case material also described that requests for a transfer to a prison in Germany were rejected.

Outcome

Jens Soering was convicted of the first degree murders of Derek Haysom and Nancy Haysom and received two consecutive life terms.

Jens Soering was serving his sentence at the Buckingham Correctional Center in Dillwyn, Virginia.

The case material stated that Elizabeth Haysom did not contest her extradition from the U.K. and pleaded guilty to conspiring to kill her parents. On 6 October 1987, the court sentenced her to 45-years-per-count to be served consecutively. She was serving her sentence at the Fluvanna Correctional Center for Women.

The case material described that Elizabeth Haysom did not contest extradition and was sentenced to 90 years imprisonment, served consecutively, with a mandatory release in 2032 when she would be 68.

Aftermath

The case material described that Jens Soering published books and articles on meditation during his time in prison, on justice and prison conditions in the U.S. It also described that his third book in 2007 received the first prize of the Catholic Press Association of North America in the category “Social Concerns”.

It was described that Jens Soering had published “The Way of the Prisoner” and “An Expensive Way to Make Bad People Worse: An Essay on Prison Reform From an Insider's Perspective”, and that his third book was titled “Convict Christ”. It was further described that a fourth book was referenced as “The Church of the Second Chance”.

A quote attributed to Jens Soering was included:

"I'm not aware of anybody in prison who thinks that 20 years goes by quickly," Soering said during an interview last month.

"I could have prevented this crime," he said. "If I had not been as cowardly as I had been, this double murder would not have happened."

A further quote attributed to Jens Soering was included:

"I wish I'd had a camera," said Sullivan, who wrote the foreword to Soering's third book, "The Convict Christ."

A quote attributed to Jens Soering about segregation and time was included:

"We are being slowly killed," he wrote. "Virtually every one of us will leave state custody in a body bag.... Capital punishment on the installment plan!... America, congratulate yourself: You have managed to invent a punishment worse than death."

A quote attributed to Jens Soering about execution was included:

"I would much rather be executed by whatever means the state finds convenient."

It was described that Jens Soering had been denied parole in 2003 but was eligible again “next year” per the case material.

The case material described that Jens Soering’s former girlfriend was sentenced to ninety years imprisonment (one 45-year sentence for each murder, served consecutively), with mandatory release in 2032 when she would be 68.

The case material described that Jens Soering attracted influential supporters including the German ambassador to the United States and the Most Rev. Walter F. Sullivan, bishop emeritus of the Catholic Diocese of Richmond.

A quote attributed to Maj. Ricky Gardner was included:

"There's no doubt in my mind. I don't have any trouble sleeping at night; I never have. Yes, I wish we'd had more physical evidence, but you've got to play the cards you're dealt."

A quote attributed to the parole board member was included regarding the hearing process:

When Soering's supporters protested, the board apologized, held a second hearing, and denied parole.

A quote attributed to Jens Soering during a hearing was included:

"I'm innocent."

A quote attributed to Jens Soering about a prior suicide attempt was included:

That night, he wrote later, he tied a plastic bag over his head in a halfhearted attempt at suicide.

The case material described that Jens Soering wrote about prison reform and prison violence. It also described his work in a prison gym cleaning toilets and running a fitness program for older inmates.

The case material described that Bishop Sullivan visited Jens Soering in segregation and that the day after Sullivan’s visit, Jens Soering was released from segregation. It also described that Jens Soering was never charged with misconduct related to segregation.

It was described that Jens Soering described using a meditative practice involving silent chanting of a single word, “Jesus,” over and over and over again.

The case material described that Jens Soering requested clemency and that among those who believed his claim was his appeals attorney, Gail Starling Marshall.

A quote attributed to Gail Starling Marshall was included:

"I think his story - that he really thought he was going to be Elizabeth's romantic savior because he was so damn smart - is very believable," Marshall said.

Another quote attributed to Gail Starling Marshall was included:

"He was very, very smart - too smart for his britches, as my mother used to say."

Timeline

• March 1985 — Derek and Nancy Haysom were murdered.
• 30 March 1985 — Soering drove to the Haysom residence and dined with Derek and Nancy Haysom; he then picked a quarrel and attacked them with a knife.
• October 1985 — Soering and Elizabeth Haysom fled to Europe.
• 30 April 1986 — Soering and Haysom were arrested in England on charges of cheque fraud.
• 11 August 1986 — The United States requested extradition for the pair based on the 1972 extradition treaty.
• 11 December 1987 — Lord Justice Lloyd in the Divisional Court admitted that the assurance “leaves something to be desired” but refused judicial review.
• 30 June 1988 — The Judicial Committee of the House of Lords rejected Soering’s claim.
• 3 August 1988 — The Home Secretary authorized extradition.
• 19 January 1989 — The European Commission of Human Rights delivered its judgment.
• 7 July 1989 — The European Court of Human Rights handed down a unanimous judgment.
• 4 September 1990 — Soering was sentenced to two consecutive life terms.
• 2001 — The U.S. Supreme Court rejected Soering’s revision.
• August 2010 — The latest application for early release was rejected.
• 2007 — Soering’s third book in 2007 received the first prize of the Catholic Press Association of North America in the category “Social Concerns”.
• 2032 — Elizabeth Haysom would have mandatory release when she would be 68.

Other details

The case material included the narrative explanation of why Haysom’s parents were murdered, describing an intention to kill Haysom’s parents and to divert suspicion by renting a car in Charlottesville and driving to Washington, D.C.

The case material described that Soering filed a claim with the European Commission of Human Rights asserting Article 3 violations based on the death row phenomenon and possible application of the death penalty.

The case material described that Soering’s third book in 2007 received the first prize of the Catholic Press Association of North America in the category “Social Concerns”.

The case material described that Jens Soering was featured in two documentaries and was the subject of a profile in a major German newspaper, and a German television network prepared a program on his story.

The case material described that Soering organized a Centering Prayer group for inmates, with twice-monthly gatherings attracting between five and 15 prisoners who sat silently in a circle.

The case material described that Jens Soering petitioned the governor for clemency.

The case material included a quote attributed to Klaus Scharioth, the German ambassador to the United States:

"There is a good chance that Mr. Soering may develop into an active and contributing member of society," Scharioth wrote.

The case material included a quote attributed to Soering about his meditative technique:

He sits quietly in his cell, wearing earplugs to muffle the cacophony of prison life. Breathing deeply and deliberately, he silently chants a single word - "Jesus" - over and over and over again.

The case material included a quote attributed to Soering about voluntary acceptance of suffering:

"the voluntary acceptance of specifically undeserved suffering" - a reference to his continued insistence that he is innocent of murder.

The case material included a quote attributed to Soering about his spiritual options:

"Commit suicide, join the prison culture - with the drugs, violence and homosexuality - or do something positive."

The case material included a quote attributed to Soering about his aim in meditation:

"the purifying and spiritualizing effects of my suffering," he wrote.

The case material described that Jens Soering had been held at Buckingham Correctional Center in Dillwyn, VA, and that he had been moved to the Brunswick compound in 2000 and to the Brunswick Correctional Center in Lawrenceville as referenced in the case material.

The case material included a description of Jens Soering’s age in prison as “40” at the time of one narrative in the material.