McDonnell puts brakes on Soering transfer

Gov. Bob McDonnell may have ended plans to transfer to Germany a killer serving two life terms in Virginia.

The issue, however, might not be over.

Before he left office last week, then-Gov. Timothy M. Kaine approved a request from the German government asking the U.S. Department of Justice to transfer Jens Soering, 43, to his native Germany.

Soering was convicted in the 1985 slayings of his then-girlfriend’s parents.

The inmate and the governments involved must agree, and Virginia law gives the governor the authority to “consent” to such a transfer. Ultimate approval lies with the Department of Justice.

But in a letter sent Tuesday to U.S. Attorney General Eric Holder, McDonnell wrote: “It is imperative that Soering serve out his punishment in the commonwealth of Virginia. Consequently, I hereby revoke Virginia’s consent to the transfer of Soering.”

A Justice Department spokeswoman said Wednesday that the department does not comment on specific cases and could not on this one.

Nevertheless, a statement from the governor’s office said McDonnell “is confident the Department of Justice will respect Virginia’s position and move expeditiously to close this matter.”

He said the Virginia Department of Corrections considers Kaine’s order revoked, but he said he hasn’t heard yet from Holder.

Carl Tobias, a professor at the University of Richmond School of Law, said, “If Holder agrees, it may not be much of an issue - unless [Soering’s] lawyers challenge it.”

It is unclear how or in what court either party could mount a legal challenge to Holder’s decision.

The international aspects of the case complicate matters further, Tobias said. The law firm said to be representing Soering has not responded to requests for comment.

Wednesday's development was met with bipartisan applause and delighted the families of the victims.

“Having reviewed all information and consulted with officials, I strongly support Governor McDonnell’s revocation of the planned transfer of Jens Soering, who was duly tried and convicted of heinous crimes here in the United States,” said U.S. Rep. Tom Perriello, D-Ivy.

Del. Rob Bell, R-Albemarle County, said Kaine’s move to transfer Soering was puzzling.

“The idea that Soering, after murdering his girlfriend’s two parents, would get out early was just appalling,” he said.

Bell said he is likely to discuss the matter in a speech today on the floor of the House of Delegates.
“My God, how wonderful,” said Risque Benedict, brother of victim Nancy Haysom and the uncle of Elizabeth Haysom, 45, who was convicted and sentenced to 90 years as an accessory to the crimes.

Kaine, chairman of the Democratic National Committee, was unavailable for comment yesterday, a committee spokeswoman said.

On Tuesday, Kaine said the German government’s promise that Soering would not be eligible for release for at least two years helped persuade him to agree, because it would mean Germany would bear the expense of his incarceration and not Virginia.

It was the second time in six months that the German government made the request. Kaine turned it down in July.

Soering has been eligible for parole since 2003 and Haysom since 1995. Neither has been granted parole here, but the victims’ family feared Soering would be released in Germany after two years.

Soering and Haysom turned down requests this week for interviews.

Cuccinelli said Tuesday that, among other things, he was concerned that a transfer of Soering to Germany could mean Soering - who was convicted of fatally stabbing Derek and Nancy Haysom - would be free while his accomplice, Elizabeth Haysom, remained behind bars.