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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.
Bill Miller (left) and his
attorney Timothy Padilla leaving court
Diazien Hossencofft |
copyright 2000 M. Horner
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