Judge: Hossencofft failed to provide a proper statement

Hossencofft to stay in Albuquerque jail until he provides a legitimate statement

Diazien Hossencofft in court 011702

Diazien Hossencofft in court on Thursday morning. (KOB-TV)

(Albuquerque) The defense came out swinging.

“This is absurd, your Honor,” Diazien Hossencofft’s attorney Mark Robert emphatically stated to the Honorable John Brennan as the District Court judge began to hear the prosecution’s motion to compel compliance this morning.

Mr. Robert (pronounced Roh-bair) was speaking of the prosecution’s contention that Hossencofft failed to provide police with a “good faith” statement this week concerning his estranged wife’s murder.

In his motion, prosecutor Paul Spiers requested that Hossencofft remain in New Mexico until he provides a legitimate statement about the murder. Last week, Hossencofft negotiated a transfer to a Wyoming prison in his plea bargain.

Mr. Hossencofft agreed to make such a statement when he pleaded guilty January 9th to his estranged wife’s murder and a dozen other crimes.

Girly Chew Hossencofft disappeared September 9, 1999. Her body has never been located.
Mr. Robert argued that Mr. Hossencofft did provide a “good faith” statement to police this week.

But when the convicted killer met with police detectives Tuesday to provide the statement, the meeting turned sour in short order and ended after only about five minutes.

Pivotal Moment

A pivotal moment in the courtroom today came when the State played an audio tape of that short meeting Tuesday between Hossencofft and police.
Detective Michael Fox is heard interrogating Hossencofft:

Detective Fox: “We know that you’re friends with (co-defendant) Bill Miller and that (co-defendant) Linda Henning and you were in Socorro prior to Girly’s murder and that the (Girly’s) clothes were found in Magdalena…or (rather) outside of Magdalena, New Mexico. And, so what knowledge do you have about the whereabouts of Girly Hossencofft?”

Diazien Hossencofft: “My statement is this, (in a near whisper) I don’t have any knowledge of the whereabouts of Girly Hossencofft…(inaudible). (Louder now) My statement is very clear. This is my statement. I have no knowledge, to my knowledge, of where the body of Girly Hossencofft is.”

(A moment later)

Detective Fox: “I think you’re, basically, lying to me.”

Diazien Hossencofft: “I don’t care what you think.”

Detective Fox: “To conspire to commit murder and kidnapping. To conspire to commit these other crimes that we’re talking about, you have to have knowledge of it. You pled guilty to it, (so) you have to have knowledge to it. To plead guilty says you have knowledge to it. And earlier when you were talking about that you have a 181 I.Q. (inaudible). Well, excuse me, but Mr. Hossencofft..for me to sit her and think that you pled guilty to (these) charges without having any knowledge (of the murder) is ludicrous.”

(Detective Fox is soon heard terminating the interview.)

The defense, though, wanted to play its own recording of the interview so that the judge could hear a final comment made by the detective.

Mr. Fox is heard telling Hossencofft, “I’ll do everything I can to keep you here in New Mexico,” an apparent reaction to Hossencofft’s lack of cooperation.

After hearing both tapes, Judge Brennan agreed that Hossencofft did not provide a valid statement.

“I agree, after listening to the tape, that I don’t think I have the same narrow reading of the plea agreement that the defendant has,” Brennan responded.

“And as I read the language (of the plea agreement),” the judge continued, “and I think it’s rather clear, it says (quoting), The defendant further agrees to fully disclose information and knowledge within ten days of the entry and acceptance by the court of this plea agreement concerning this matter inclusive of the whereabouts of the remains and body of Girly Chew Hossencofft upon making himself available to the representative of the Office of the District Attorney and/or to representatives of the Albuquerue Police Department…”

Judge Brennan concluded, “Based on what I heard on the tape, I don’t think the defendant has complied with the clear and simple language contained in the plea agreement.”

The judge asked the State to prepare him an Order requiring Hossencofft to “do what it says in the plea agreement, which is to fully disclose information and knowledge (of the murder)” by January 19th.

The judge said he wanted that Order presented to him later today. He encouraged both sides to make arrangements for Hossencofft to provide a statement on Friday.

The judge also said the Order will provide that Hossencofft will remain incarcerated at an Albuquerque jail (BCDC) until he provides a valid statement.

The judge also stated that Hossencofft could be charged with contempt if he does not provide a valid statement.

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