Jens Soering was the son of a German diplomat when he came to this country as a kid. He grew up here and attended the University of Virginia before spending nearly 30 years in state prisons. He was paroled to Germany, but his lawyer says, he wants to come back.
“He doesn’t want to be in Germany. He wants to be back in America, and pursuant to the current terms of his parole, he can’t.”
Elliott Harding says with new evidence in the case, it’s unlikely Soering could be convicted today.
“We’ve gone down to Bedford to look at some evidence that’s never even been revealed. There are some things that remain in evidence lockers or the commonwealth’s files that never made it into the record.”
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n a petition to the court of appeals, Harding includes about 50 pieces of evidence. He notes the prosecution referred frequently to type-O blood found at the crime scene and concluded Soering was the only one there who was type O.
"Type O blood belongs to about 43% of the population and it has since been ruled out to be his," Harding says. He claims to have type-O blood himself.
And, he says, a new witness has come forward to share intimate details of life inside the Haysom family.
"Some favoritism for Elizabeth over others, some sibling rivalries over whether it be money or attention, a history of sexual abuse. A lot of fingers would point away from Jens at all."
Finally. there are documents that provide a possible motive not presented in the original trial.
"Haysom writing a letter a month before the murder, recognizing that she’s upset about her parents and their will and the money, and then two weeks prior to their murder the will changes in her favor. Her parents are killed and the will is to bestow her with a significant amount of money two weeks after her 21st birthday."
Haysom was convicted as an accomplice after the murders, having left the country with Soering. When he was paroled, she was sent back to Canada where she is a citizen.
Harding stresses that he need not prove a case against her or anyone else in order to have Soering declared innocent.
"My job in is not to point a finger to one person or two people who did it. It is to reiterate that should this case be tried today, it is more likely than not that a jury would not find him guilty beyond a reasonable doubt."
Virginia’s attorney general now has sixty days to review the petition and weigh-in. It’s possible Jay Jones will concede that Soering deserves a writ of actual innocence. If not, Harding says, he may ask to have the case re-opened in Bedford County Circuit Court.
