By
Isabel Sanchez Journal Staff Writer
The case against Bill Miller, who allegedly helped kidnap and kill
Girly Chew Hossencofft in 1999, started as a murder and ended as a
misdemeanor Wednesday when he pleaded no contest to attempted
evidence tampering.
Assistant District Attorney Jack Burkhead said District Judge
Richard Knowles had "indicated that evidence was in jeopardy"
because the police detective who found it has since died. The maximum
sentence that could be imposed is three years minus three
days. "It was
crucial evidence," Burkhead
said. "(Knowles)
sent a signal that it would not be admissible, which would have
damaged our case considerably." The
five felony evidence-tampering counts for which Miller was to go
to trial were reduced to misdemeanors and two were dismissed. "I
think justice was served in this case," Burkhead said. However, he
said the plea does not preclude prosecutors from going to the
grand jury if new evidence against Miller turns up. "I think the
case was headed for defeat for the prosecution," said Ray Twohig,
Miller's attorney. "We've said for a long time that we would
settle" if the charges were
reduced. "We feel
satisfied with the resolution," Twohig said. "It's been an
albatross around (Miller's) neck for nearly four years." Charges
against Miller originally included first-degree murder and
conspiracy to commit first-degree
murder. The entire
ordeal for Miller, Twohig said, was the result of a "misguided"
prosecution. The
evidence that Miller's jury would not see was a partially burned
business card belonging to Linda Henning that was found in
Miller's fireplace, Burkhead
said. Henning is
the former girlfriend of Diazien Hossencofft, Girly's husband, who
is serving time for her murder. Henning
was convicted of murder and kidnapping in October in connection
with Girly's death and was sentenced to 731/2 years in prison. Additional
evidence-tampering charges against Miller involved business cards
that Miller tried to eat while at a police substation for
questioning. Another card was hidden in his shoe. A surveillance
camera caught the action. Twohig
said the cards, one of them belonging to an astrologer and
psychic, had nothing to do with Girly Hossencofft. "He just didn't
want people to keep getting bothered" because of the case, Twohig
said. Burkhead
said the prosecution wasn't going to try to prove those cards were
evidence but that Miller thought they
were. Miller said
after Wednesday's hearing that he was "completely innocent" of
involvement in Girly Hossencofft's
death. Girly
Hossencofft, who was divorcing her husband, told friends he beat
her and threatened to kill her, and said to "expect the worst" if
she didn't show up for work. They did.
Co-workers reported her missing Sept. 10,
1999. Prosecutors
said Diazien Hossencofft told them he "master-minded" the crime
and Miller acted as the "muscle": Miller's job was to follow Girly
Hossencofft home and get inside her apartment by posing as a
maintenance man.
Girly Hossencofft's body was never found, but a tarp, a blouse and
pair of shorts, duct tape and other items with her DNA on them
were found on N.M. 60 near
Magdalena.
Prosecutors said Diazien Hossencofft told them he didn't know
where the body was because Miller disposed of
it. Diazien
Hossencofft pleaded no contest to murder, kidnapping and other
charges last year and testified before the grand jury that refused
to indict Miller for murder. Burkhead said he believes Hossencofft
was found "incredible."
Hossencofft was a con man who bilked people out of thousands of
dollars for his healing "serums," who told people he was a doctor,
who threatened to send a "virus code" to China that would destroy
the population, and whose behavior before juries was often
jaw-droppingly bizarre. "The
indictment reflected their disdain for him. I think that captures
the moment pretty accurately," Burkhead
said. Knowles said
that for sentencing purposes, the no-contest plea is the same as a
guilty plea. He ordered a presentencing report and set a tentative
sentencing date for Sept. 5.
