After serving 27 years behind bars for the murder and kidnapping of Girly Chew Hossencofft, Linda Henning is about to be released from prison.
Henning is no longer convicted of any crimes, though she still faces the original charges. The latest development unfolded this morning during a hearing on the State’s motion to keep Henning in custody until her new trial.
Henning, 73, appeared via Zoom from the women’s prison in Grants.
“She’s not convicted of anything at this point, because the conviction has been vacated due to a due process violation and ineffective assistance of counsel decision that I made,” Second Judicial District Court Judge Cindy Leos stated at this morning’s hearing.
Listen to Friday’s hearing in full.
- 0:00 – Opening
- 0:50 – The State’s argument for detention
- 8:53 – The judge’s “She’s not convicted of anything.”
- 9:56 – The defense’s response
- 21:11 – The ruling and release conditions
- 24:27 – The forensic evaluation and the proposed orders
Earlier this week, Leos vacated Henning’s convictions and ordered a new trial, stating that Henning’s 2002 trial was “an absolutely overwhelming miscarriage of justice” because she was mentally incompetent to assist with her defense.
A jury convicted Henning in 2002 of first-degree murder, kidnapping and other charges, and she was sentenced to life plus 43 ½ years in prison.
While addressing her findings today, Leos said that the weight of the evidence is uncertain after almost 30 years and that there is nothing indicating Henning would commit new crimes.
The case once involved three defendants and one of the most extensive forensic investigations in New Mexico history. Deputy District Attorney Peter Robertson argued for the State on Friday. Paul Spiers, who led the 2002 prosecution, has since retired. Robertson told the court that a tarp found along U.S. 60 near Magdalena contained Girly’s blood, Henning’s hair, and art sand and glitter from Henning’s garage. Investigators also found Henning’s blood in Girly’s apartment.
In its argument that Henning should remain incarcerated while awaiting a new trial, the State noted that Henning had 17 disciplinary reports while in prison. Leos responded that 17 reports is a very low number for someone who’s been in prison for nearly three decades.
Henning’s attorney Nicholas Hart called most of the 17 reports “amongst the most minor violations we can think of.”
“I mean there’s, there’s a violation in there for feeding birds in the yard. There’s a violation in there for trying to help an injured bird, right?” said Hart.
Leos released Henning on her own recognizance under pretrial services supervision. She must stay in New Mexico, keep in regular contact with her attorney, avoid alcohol and drugs, obey the law, and have no contact whatsoever with Diazien Hossencofft. Leos denied the State’s request for an ankle monitor, saying, “I don’t ever order ankle monitors. I don’t think it really does anything. It doesn’t deter criminal behavior. It doesn’t ensure that she’s going to follow conditions of release,” adding that if Henning violates her conditions, “she’s going to go to jail.”
Hart told the court the prison has been helping prepare Henning for release and that “she’s not just getting released out onto the street.” Leos said she was glad arrangements were being made as 27 years is “a very long time to be in prison.”
Diazien Hossencofft avoided trial by taking a plea deal on murder, kidnapping and other charges and was sentenced to life in prison.
Before she vanished, Girly told her manager at Bank of America that Diazien vowed she would be killed and that her body would never be found.
What became of Girly’s body remains a mystery.
Mark Horner has covered the Hossencofft case since 1999 and is the author of September Sacrifice. He observed Friday’s hearing via Zoom.