Testimony of Ricky Gardner, June 7, 1990

Jens Söring's first detailed confession to the murders of Derek and Nancy Haysom.

Introduction

From June 5 to June 7th, 1986, Jens Söring gave a partial confession to murdering Derek and Nancy Haysom. Early on June 5th, he admitted he had killed them. However, he was careful about what he chose to say while being recorded. The detectives usually asked him whether he would be willing to speak on tape, and he sometimes agreed, and sometimes did not. While he was being taped, he declined to directly confess the murders, although he did make numerous extremely incriminating statements, including admitting that he was there in the house as the victims were severely injured and dying.

On June 8th, 1986, Söring decided to finally describe in detail what had happened on the night of March 30th, 1986. He refused to allow this statement to be recorded. At first, he described the events alone to Ricky Gardner in a statement lasting approximately two hours. After that, Soering consented to allow the English detectives Kenneth Beever and Terry Wright to join the conversation. Immediately after his conversation with Söring, Ricky Gardner dictated his recollections of what Söring had said into a dictaphone, a device for making voice recordings. It might have looked something like this:

Gardner later transcribed these notes. Those notes formed the basis for his testimony at Söring’s trial. Since Gardner was such an important witness, he testified several times at Söring’s trial. However, it was his testimony from June 7, 1990, which contained his account of Söring’s full confession. This is the relevant portion of Ricky Gardner’s direct testimony. As you can see, the parties decided to let Gardner begin his testimony by simply reciting his notes without interruption.

I have edited the transcript slightly for clarity, and included some conversations between the judge and the lawyers for completeness. As you can see, the defense lawyer responsible for handling Ricky Gardner’s testimony on this day was William Cleaveland, not Richard Neaton. I have also included a few crime-scene photos to help the reader picture the events.

A Few Observations

First, there’s no real doubt about Gardner’s testimony. When Söring testified at his trial after Gardner’s testimony, he admitted he had told Gardner all of these things. The defense’s strategy was to admit Söring had confessed, after all.

Second, we can see here that Söring has decided to tell the version of the story in which Derek Haysom stands up and pushes Söring into the wall, causing Söring to bump his head and “freak[] out”. Haysom then sits back down in his chair, and Söring slits his throat from behind. As retired German detective Siegfried Stang has pointed out in his careful analysis of this scene in his book Nebelkerzen, this sequence of events makes no sense. First of all, why would Derek Haysom stand up, turn around, confront Söring, push him hard against the wall, and then sit down again?

The second problem is the layout of the room. Here is a picture of the dining room:

Söring says that Derek Haysom got up from the chair in front of the fireplace, then pushed Söring “against the wall” in the “corner”. However, there is a large chest located in front of the wall there. Söring could not have been pushed directly against the wall. Further, he never mentions the chest, which seems like a huge omission.

Stang concludes that Söring invented the part about being pushed against the wall, hitting his head, and “freaking out” to try to create at least some suggestion that he was provoked or in an altered mental state when the crimes occurred. This is also why, in the confession to the German prosecutor, he stressed how much he had been drinking. I find Stang’s argument convincing.

Third, Jens Söring heard all of this testimony from Ricky Gardner (and all of his other confessions) before Söring himself testified ten days later. He thus knew exactly what the jury had heard, and plenty of time to think about how to try to undo the damage.

And now to the testimony:

Excerpt of Testimony of Ricky Gardner, Commonwealth v. Soering, June 7, 1990.

[Gardner] A: On June 8th, 1986, Sergeant Beever advised me at 4:45 p.m. that Jens Soering wished to speak to me alone. I went into Chief Inspector Michael Payton's office and was sitting there when Jens was brought into the room. Jens sat down, he advised me that he wanted to talk to me alone, and I started to advise him of the Miranda warning as I did before, and he said you don't have to advise me of my rights. He said I understand them, and I want to talk. I asked him could I tape the statement, and he said no, he would not allow me to tape the statement, and he said that I could take some notes.

Jens stated that he went to Loose Chippings on Saturday night, March the 30th, 1986, or excuse me, 1985 to talk to the Haysoms. Jens stated that Elizabeth had told him that her parents objected to their relationship, the fact that Jens and Elizabeth had talked about going off to Europe in the summer of '85, and that Mr. and Mrs. Haysom both objected to that. So Jens said that the reason he went to Loose Chippings on the March the 30th was to find out for himself, and hear for himself what the Haysoms' objection was to their relationship.

Jens said he got to Loose Chippings that Saturday evening after dark, and he knocked on the door, Mr. Haysom came to the door. He said that the Haysoms were drinking before he got there, and after he had been there for a while they offered him a drink and he was having a drink with them, and Mrs. Haysom offered him, I believe something to eat. The three, Mr. and Mrs. Haysom end Jens Soering went into the dining room and were sitting at the dining room table. Jens said that he was sitting with his back facing down -- or facing the back of the dining room, the window that faces down over the back of the house over the hill, Mr. Haysom was sitting at the head of the table, and Mrs. Haysom was sitting across, directly across from where Jens Soering was sitting.

Jens said that they started talking about Elizabeth, and Jens's relationsip. and their future together, and the Haysoms informed Jens that they thought that he was too young for her and wasn't good enough for her. There were also statements made that they would take Elizabeth out of the University of Virginia, or possibly have him kicked out of the University of Virginia, that they would go to any lengths to keep them apart and separate them. So Jens said in his opinion, that that meant that he would not be allowed to spend the rest of his life with the woman that he truly loved, and that they were going to ruin his life.

Jens said that he stood up and sort of put his hand down on the table and said that's it, and he got up. Jens said that he tried to walk behind Mr. Haysom, Mr. Haysom's back was up against the wall there at the fireplace, and Jens wanted to walk behind Mr. Haysom, and Mr. Haysom stood up and he pushed Jens Soering back Into the corner. At this time, Jens stated that he fell back into the corner and he bumped the back of his head, hit the back of his head on the wall.

He said, I then bumped my head and became very angry, and I freaked out. I then cut Mr. Haysom's throat. Jens Soering described to me how this happened. Mr. Haysom, after pushing Jens back into the corner, Mr. Haysom sat back down in his chair. Jens said that he got a knife and he walked up behind Mr. Haysom and he put his right arm over Mr. Haysom's right shoulder and cut the arteries, or cut the left side of Mr. Haysom's neck, cutting the main artery in Mr. Haysom's neck. He said he did it like this: (Witness indicates motion.) At this time Jens said he looked down and he saw the blood from Mr. Haysom's neck rushing down into Mr. Haysom's lap. He said he also noticed that he had — the blood was falling onto his hand, his right hand.

At this time Jens said the only thing he could remember was Mrs. Haysom screaming, and she was coming at him with a knife. Jens said at this time he met Mrs. Haysom there in the floor, and he grabbed her right wrist and was trying to wrestle her knife away from her. He said he got. behind Mrs. Haysom in the same fashion that he had gotten behind Mr. Haysom earlier, and he had his right arm over her right shoulder, and he had the knife in his hand, and he had her like this: (Witness Indicates motion.)

He said about this time Mr. Haysom got up and started towards him, and he was trying -- Jens said that he was trying to use Nancy Haysom as a shield to ward off Mr. Haysom. Jens said that Mr. Haysom hit him on the ride side of the face and it knocked his glasses off into the floor. Jens said that he was nearsighted and that he had trouble seeing at       this  point. He said he then cut Mrs. Haysorm on the left side of her neck as he had cut Mr. Haysom.

  At this point in the altercation, Jens said that everything was pretty vague, and that the last thing that he remembered -- well I asked -- let me stop right there. I asked Jens Soering if anything was being said while this was happening, and he says the only thing that he could remember anybody saying was Mr. Haysorn said man -- excuse me, God, you must be crazy, man. Jens said that he found his glasses laying in the floor, of course they were still in the dining room, and the last thing he saw was Nancy Haysom walking from the dining room into the kitchen. And Jens said that she was — he saw her back as she was going into the kitchen, and that she had her hands up and her arms up like this in this fashion. (Witness indicates.) He said at this time he turned and Mr. Haysom was standing there in the floor right there at the fireplace, and Mr. Haysom had his arms up like this, and Jens described it as like a big bear standing there.

So at this time Jens Soering said he exited the house. Jens said that he went out to get into the car, the rental car, and he realized that his clothes were very bloody, so at this point he took off his gray Members Only Jacket, his shirt, his pants and his tennis shoes. He said he placed them in a bag in the back of the car, which he said he thought, or remembered at that particular time of having empty soft drink cans or beer cans in it.

Jens Soering said after he took off these items of clothes he got in the car and was coming up the road, and when he was coming up Holcomb Rock Road a little gray dog ran out of front of him, and he hit the dog. And he said he was really upset about hitting the dog, that really bothered him. So he said he continued on and he got to the dumpster which sits across Holcomb Rock Road on the other side of [Highway] 501. Jens said he arrived at the dumpster, and he realized that he had left the lights on in the house. And he said he was afraid that if the neighbors noticed the lights on all night, that they would become suspicious and go check on the Haysoms. So he decided at this point to go back to the house.

Um, I think — no, while Jens was still setting at the dumpsters contemplating the light situation, he said he realized that he had injured himself, or he was injured in the altercation, and that he had cut his hand, or his fingers, and so he decided to go back and get some band aids for his hand also. So he drove back to Loose Chippings, the same route that he had traveled before, and he noticed the dog that he struck was gone, which he said he was pleased because he didn't kill the dog.

So he went back to the house, and he went back in the front door, and he went into the kitchen to wash his hands in the sink. Jens said that when he walked back in the house Mr. Haysom was laying on the floor right there at the dining room and living room door, and that when he walked into the kitchen, Mrs. Haysom was laying face down. He said he just remembered seeing her back laying there, and there was a small pool of blood laying at Mrs. Haysom's head. Jens said he washed his hands in the kitchen sink, and he was looking for band aids. He said he couldn't find any band aids, so he decided to go to the back bathroom or the main bathroom on the first floor of the house, which is off of the master bedroom.

Jens said about this time he realized that he was walking through blood, and he was leaving foot impressions, and in fact he said that there was some hand prints, I think a palm print on the floor, and at this time he started swishing his feet or shuffling his feet through the house so as not to leave any foot impressions or any physical evidence at all. He went into the bathroom and washed his hands. He could not find a — any bandages or band aids, so there was a towel rack there. So he got a towel, and he wrapped the towel around his hand.

And at this point, I believe Jens showed me the scars on his hand, or on his finger that he cut. Jens showed me on his left hand, he's got a cut on his left index finger and the left pinkie or small finger also on his left hand. The scars were there that Jens showed me, and he said that those were the scars of that night. So he wrapped his hand up in the towel in the bathroom, and he also, when he came through the bedroom, he said he removed a gray sweatshirt from a closet there and he put the gray sweatshirt on. Jens said he came back through the house, and as he was leaving the house exiting the door, he used a towel to wipe fingerprints, or to wipe blood off of the door as he was coming out. So when he got back in the car, or before he got back in the car, he
also took his socks off, which he had gotten — he said he had gotten very bloody on the second trip in.

When he came back to the house the second time all he had on was his briefs or his underwear and socks. So when he left, the second time, he removed his socks and placed them in the bag where he had put the other clothes that he had removed. At this time I asked Jens what, he did with the knife that Mrs. Haysom had, and he said, oh, I threw that one away, too. And I said, what, do you mean, threw that one away too? And he said, well I threw two knives away that night, the one that I used and the one that Mrs. Haysom used. I asked Jens again, if he took the knife to the scene with him that night and he wouldn't answer my question.

I asked him where he got the knife from, was it laying on the table or where was it, and he simply refused to answer, he wouldn't talk about the knife at all, other than the fact to say that he did in fact throw away two knives. So Jens got back in the car the second time to leave, and all he had on was his gray sweatshirt and his underwear, and he drove back to Washington, D.C. I asked Jens was he afraid that he would be stopped by the police going back to Washington for speeding, and he said that he was very careful to drive the speed limit back. So he drove back to Washington, D.C. and he drove to Georgetown and he met. Elizabeth Haysom in front of a cinema there, or a theater there where the Rocky Harrow Picture Show was playing.

Jens stated that he pulled up and Elizabeth came over and got in the car. And he said that her response was oh, my God, oh, my God, oh, my God, what's happened, are you okay. Jens said the two of them then drove from Georgetown to the Washington Marriott and parked in the parking lot designated for the Washington Marriott patrons. He said that Elizabeth went up to the room and fetched him some clothes and came down, brought them back down and then went up to the room, or the two of them went up to the room.

I asked Jens how Elizabeth was feeling at this time, I mean what -- what was the conversation between the two of them. And you know, basically, he Just said she kept saying oh, my God, oh, my God, oh, my God. And he also said that — this is what he said to me, she was scared shitless, just as I was. I asked Jens about the sweatshirt and his underwear that he was wearing when he was at the Haysom's house that night when he left, and I believe he said that he disposed of them possibly at a dumpster at UVA after he and Elizabeth had gotten back to the university.

[Updike] Q: All right, sir. Now I'd like to clarify, concerning once -- he said that once he left the house the first time, he threw which items away, the --

A: Well, when he left the house the first time, he said that, he took off his jacket, his shirt, his pants and his shoes.

Q: And his shoes?

A: And he placed them in a bag.

Q: Now when he went — returned to the Haysom house, inside the house he said he was wearing what?

A: His underwear and his socks.

Q: When he said that he left the house that second time, did he say anything concerning the lights in the house?

A: My recollection is that he didn't remember the fact that he did turn the lights off when he left the second time.

Q: Could I ask you to refer to your notes on that point? Do you have notes on that point?

A: Yes, I have my handwritten notes, but (Pause for perusal.)

Q: Did he say which door that he was using?

A: The front door.

Q: Did he say whether there was any other door that he used, or was that the only door?

A: He said the front door was the only door that he used.

Q: Now during this portion, did he say anything about any further discussions between he — between Elizabeth and him, rather, before this happened, or did he say anything in that, regard?

A: Well, he said that Elizabeth had told him that Mr. and Mrs. Haysom objected to Jens and Elizabeth going to Europe in the summer of '85 and tour Europe together, and he was pretty upset about that, because he wanted to go with Elizabeth and be with her because he loved her. And Elizabeth had told Jens that Mr. and Mrs. Haysom objected very much to their relationship, so the reason that he went there was to confront them, see what the problem was, and see if he could talk to them.

Q: Did he say anything about whether there were any conversations, though, my question, between Elizabeth and Jens, about killing the Haysoms?

A: Well, they had discussed it, yes, sir, obviously in the letters that we had, and --

Q: Now there came a point at which you stopped

and the other officers joined you, is that correct?

A: Yes, sir.

Q: Tell us you how that came about.

A: The interview started at approximately — or I advised Jens Soering at approximately 4:45 p.m. on June the 8th, 1986 of his Miranda. Jens and I talked until approximately 6:45. We had been talking for some time, and Jens had in fact demonstrated to me -- I asked him if tie would, to demonstrate to me how the altercation happened, he said that he would. And we had been talking for some time, and at about 6:45 I was thinking to myself, well maybe I could take a break -- well I had to take a break anyway, and asked him did he need to take a break, and he said no, he was perfectly willing to go ahead, he was talkative and very comfortable in our conversation we were having.

  I wanted to go to the bathroom, to be quite honest. So I asked Jens could we take a break, he agreed to take a break, and I think Detective Constable Wright came into the room, sat with Jens, I went to the bathroom, got something to drink, so at this time we decided to ask Jens if he would allow Mr. Wright and Mr. Beever to come in and witness what he had told me, I went back into the room, and I asked Jens was it okay with him if Constable Wright and Sergeant Beever sat in on our interview, and he said it was perfectly fine with him. So I readvised Jens Soering of the Miranda, and Mr. Wright started taking notes.

Q: From your recollection as to what was said then, and during that second portion of the interview.

A: From my recollection, I think basically the first thing I did was once the two British officers came into the room I obviously advised him of his rights and he signed it and they witnessed it. And I read back over what I had written earlier in front of Beever and Wright to Jens, and he acknowledged that what he had told me was the truth.

Q: Just best that you can.

A: We talked, we went through the detail of what Jens had told me earlier as best I could, and with using my notes, and he said — or acknowledged to Beever and Wright that my notes were accurate.

Q: Would those be the notes that you just used in your testimony?

A: Yes, sir.

Q: We talked about the dog, he liked to talk about the dog, hitting the dog, and that the dog apparently wasn't killed. He also drew me a diagram of the area -- when I say diagram, he drew me a diagram of the roads in the area, because at that particular time I was really curious to see how Jens knew about those dumpsters. And I asked -- I knew where they were, and I was just curious to see if he in fact knew where they were. So I asked him to draw me a little diagram on a piece of paper of the roads, and which he did, and they were quite accurate.

Q: Did he let you keep that diagram?

A: No, sir.

Q: I'll ask you about that in a few minutes, but what if anything during the second portion of that interview did he say specifically concerning the deaths of Derek and Nancy Haysom?

A: Well Jens stated that when Wright and Beever were in the room, that he fell in love with a girl ond they talked about killing her parents, he didn't want to do it, but he drove to the house and killed them, and he got caught.

Q: I'd like to ask. you for purposes of your memory, if I could show you a document and ask you whether you can identify that, please?

A: Yes, sir, this is a summary of what I did when we concluded the two interviews,

Q: Whose summary is it, that's what I'm really asking, what is that, please?

A: The first part of it's mine, and about — well I don't know exactly, but some of it are Terry Wright's notes.

Q: Where did it come from? I was asking earlier about a tape that you had done.

A: Where did the notes come from?

Q: Right.

A: From Terry Wright, the notes that he had taken.

Q: Okay. Let me back up just a little bit if I might. Was I correct in my understanding that after all the interviews were over, that you dictated on your dictaphone your recollections of what was said during the interviews?

A: Yes, sir.

Q: Were those dictations on the dictaphone ever transcribed?

A: Yes, sir, they were.

Q: And where are they?

A: They're right here.

Q: That's what that is?

A: Yes, sir.

Q: That was my question.

A: Yes, sir, I'm sorry.

Q: So this - - and have you over the years had the occasion to compare this with your actual voice on the transcript., or on the tape recording, I should say?

A: Yes, sir.

Q: And on Page 3, this is the reason, would you look about a quarter of the way down of the transcript of what you said, is there any reference to the lights in the house?

A: Yes, sir, there is.

Q: Okay. And having looked at that, then, did Jens Soering. during the first portion of the interview say anything concerning the lights at the Haysom house when he left?

A: Yes, sir, he said he turned the lights off.

Q: Turned the lights off when he left?

A: When he exited the house, yes, sir.

Q: Okay, thank you. The defendant drew, you say, a diagram of the location of the dumpsters with reference to Loose Chippings, is that right?

A: Yes, sir, he did.

Q: You were not allowed to keep that diagram?

A: No, sir.

Q: Do you recall what he drew well enough to reproduce it at this time?

A: Yes, sir.

Q: Your Honor, we would ask that the witness step down and draw on this piece of paper what he saw the defendant draw, if you would, please?

A: (Witness complies.) The way that I remember it is he used a dot for Loose Chippings. He started at Loose Chippings, Holcomb Rock Road and came, and he had curves in the diagram that he drew for me, which it came like this. Right here he drew in Trents Ferry Road, which goes off of Holcomb Rock Road. And here he drew in the main road, which is 501.

Q: Okay.

A: And then across 501, and here are the dumpsters parked in this location right here,

Q: Okay. So these are the dumpsters here, and this is the location of Loose Chippings?

A: Yes, sir.

Q: Is this how the defendant drew this for you then on the night of June 8th, 1986?

A: Yes, sir.

Q: And is this accurate, the location from your own observations and familiarity with this location?

A: Yes, sir, it is accurate.

Q: And as you have described earlier, the distance from 501 to the dumpsters would be what, please?

A: A tenth of a mile.

Q: The distance from 501 to Loose Chippings is how far?

A: A mile and four- tenths.

Q: And this again is Trents Ferry Road?

A: Trents Ferry Road, yes, sir.

Q: And he drew that for you as well?

A: Yes, sir.

Q: Is that actually located there off of Holcomb Rock?

A: Yes, sir, it is.

Q: If you wouldn't mind labeling what you have designated as the dumpsters?

A: (Witness complies.)

Q: And labeling, please, Loose Chippings, and Trents Ferry Road.

A: (Witness complies.)

Q : Thank you. Your Honor, we would like to introduce this as an exhibit, please.

MR. NEATON: Can we voir dire the witness on the exhibit?

THE COURT; Yes, sir, right now.

BY MR. CLEAVELAND:

Q: Detective Gardner, I Just want to be clear as to these descriptions, other than the lines, there were no other descriptions written in on the diagram that you say Mr. Soering gave you that evening, was it?

A: There was nothing written, no, sir, he just pointed it out to me.

Q: He drew the lines in, put dots in?

A: And told me what the dots stood for.

Q: And he gave you descriptions of each of the highways?

A: Yes, sir.

Q: Named them them 501, [rents Ferry Road, is that right?

A: That's right, Trents Ferry.

Q: And at this particular time, did he describe any foilage [sic], or the leaves on the trees?

A: I don't recall if he did or he didn't.

MR. CLEAVELAND: That's fine. Thank you, Your Honor.

(DIAGRAM MARKED AS COMMONWEALTH'S EXHIBIT 60.)

THE COURT: Proceed.

BY MR, UPDIKE: (continuing)

Q: My question was, the defendant did demonstrate for you how he cut Mr. Haysom's throat?

A: Yes, sir, he did.

Q: How did he demonstrate that?

MR. CLEAVELAND: Your Honor, objection.

THE COURT: Sustained, it's already been explained.

MR. UPDIKE: I wanted, Your Honor, to ask him to show what the defendant did by physical action, and that is an admission. I want the witness to demonstrate what the defendant demonstrated, and he has not as yet done that.

MR. CLEAVELAND: Your Honor, he has sat in the chair, put his arm where he claims the arm was, demonstrated a cutting motion both with Mrs. Haysorn and Mr. Haysorn, and I think to go forward with the repetition of that is unnecessary and unnecessarily inflammatory.

MR. UPDIKE: And to leave it at that, Your Honor, is the uncomplete picture, that was the reason for my question, whether the defendant just demonstrated with himself, or whether the defendant demonstrated with the officer; that's why I asked the question. And if the defendant did it, it's accurate and it's true, and it pertains to this case and we submit should be heard.

THE COURT: The question is whether or not this is repetitious or whether this is something different. And its very difficult for me to know at this point. Let me ask you this, Mr. Gardner, at the time of the unrecorded interview, did the defendant demonstrate to you how the murders were performed, or did he simply tell you?

THE WITNESS: He demonstrated it to me,

THE COURT: Would there be any difference between what he did at the time of the interviews and any demonstration that he made before you later?

THE WITNESS: I don't understand the question, I’m sorry. Your Honor.

THE COURT: Well, we are now talking about a demonstration at the subsequent time, are we not? Or are you talking about the demonstration made at the time of the interview?

THE WITNESS: At the time of the interview,

THE COURT: All right. I thought you had just described that when you testified about the substance of the interview.

THE WITNESS: I described what he told me, but during the interview I asked Jens would he demonstrate for me how it happened, and he said that he would. So he was
himself, and I was Mr. and Mrs. Haysom.

THE COURT: But did you not demonstrate on the stand a few minutes ago how you said that he said he cut their throats?

THE WITNESS: Not in its entirety, no, sir.

THE COURT: All right. Then the objection is overruled if he hasn't done it in its entirety, then that part that he has not covered is not repetitious.

MR. CLEAVELAND: Note my objection to the Commonwealth’s -- the efforts — if he's going to use himself as a victim I’d strenuously object, and that's the only purpose for doing this.

MR. UPDIKE: Your Honor, if the defendant himself did it, why can’t these people see what he did, and the witness cannot demonstrate by himself something that was done with two people, he is only one person.

THE COURT: Captain Laughlin, would you step over here, please? Go ahead, use Captain Laughlin as a demonstration person.

BY MR. UPDIKE: (continuing)

Q: First of all, let me ask you, when this demonstration was done, who was standing, who was sitting?

A: When we were talking, I was sitting behind the desk, and I walked around behind the desk and Mr. Soering and I were standing here. I asked him would he align the chairs as to the position in which they were when they were sitting at the dining room table, and after they were set out.

Q: Well let's stop there, did he take chairs?

A: Yes, he showed me and we both did it together.

Q: With a table and chairs?

A: Yes, sir.

Q: Would you at this point do what he did, then? Use this table and these chairs.

A: (Witness complies.) Jens Soering told me that he was sitting in this chair right here with his back facing the back of the house that looks down over the  hill. He said Mr. Haysom was sitting here at the head of the table, and Mrs. Haysom was sitting across.

THE COURT; Now the front of the house would be in the position where I'm sitting?

THE WITNESS: Yes, sir.

THE COURT: I see.

A: So Jens said that — he said that's it, I don't want to hear anymore and he -- you sit right here — so he got up and walked around here. And when he got about, right here Mr. Haysom stood up. Mr. Haysom turned, pushed him into the corner and sat back down. Jens said that he hit his head on the wall, and he became very angry and he freaked out. He said he came back and he had Mr. Haysom like this, and he cut Mr. Haysom's throat like this, the left side of his neck. He said that he looked down and he saw blood going down into Mr. Haysom’s lap and also on his hand and he said he froze. He said at this time Mrs. Haysom was sitting right here, she got up and come at Jens.

MR. CLEAVELAND: Your Honor, I'd like clarification now, are we saying Mr. Soering stood behind who is now supposed to be Mr. Haysom for some period of time and continued to talk to Mr. Gardner in this position? We're talking about a demonstration, and I'd ask that if he'd just go through it and let's be done with it.

THE WITNESS: I'm sorry.

THE COURT: Can we put something in the chair over here? I'm picking people who obviously have nothing to do with the case obviously .

A: He said Mrs. Haysom came at him waiving [sic] a knife. He said he grabbed her wrist and he got behind her and he had her like this. He said that about this time Mr, Haysom got up and came at the two of them, and he was using Nancy Haysom as sort of a shield like this right here, Mr. Haysom hit Jens on the side of the face and knocked his glasses off into the floor. Jens said he cut Mrs. Haysom like this, and Mrs. Haysom sort of separated from him, and he said at this particular time he couldn't — he said everything was real vague. He finally found his glasses, he said, and the last thing he saw was Mrs. Haysom going into the kitchen with her hands up like this,       and  he turned and Mr. Haysom was standing there like this,  and Jens just ran out the door.

Q: Thank you. I thought we had introduced a photograph of the dining room. Showing you Commonwealth’s Exhibit Number 6. which does not show the entire dining room, a portion of it is shown there, I'd like to just get the bearings. Is this where we can see, is that the curtain in the back of the house?

A: Yes, sir. This is in the vicinity of the table that Mr. Soering, Jens Soering said he was sitting at.

Q: Right there?

A: Yes, sir.

Q: And this, the head of the table, and this --

A: Yes, sir.

Q: Across, where Mrs. Haysom was sitting?

A: Yes, sir.

Q: All right, thank you. I would also, before you return to the witness stand, did you say the defendant showed you where he was cut?

A: Yes, sir .

Q: On his hand?

A: Yes, sir, on his left hand on these two fingers.

Q: Would you use your hand and demonstrate where he showed that he was cut?

A: Right, along through here.

MR. CLEAVELAND: Your Honor, that's been asked and answered, that question.

MR. UPDIKE: Your Honor, I think I have the right to establish our evidence. This has not been done, and it's an important part of evidence, and the jury needs to understand it. They'll have their opportunity to cross examine.

THE COURT: Well, Mr. Updike, I overrule you, I think that's been done, I
think he did that on the witness stand. Overruled, Your objection, rather, is sustained.

MR. CLEAVELAND: Thank you.

BY MR. UPDIKE: (continuing)

Q: Let me ask you this, Investigator Gardner, you did see the defendant sign his name on these Miranda forms which we have introduced?

A: Yes. sir. I did.

Q: Is he righthanded or lefthanded?

A: Righthanded.

Q: This scar that you have described that you saw in England, have you seen it since June of '86 on the defendant's hand?

A: Yes, sir.

Q: When would that have been?

A: When he was returned to Virginia in January.

Q: 1990?

A: 1990.

Q: And would that have been at the time his fingerprints were obtained by you?

A: Yes, sir.

Q: Have you more recently seen the same scar?

A: Yes, sir.

Q: About how long ago, approximately?

A: About a month ago.

Q: About a month ago? You interviewed Elizabeth Haysom a number of times, is that correct?

A: Yes, sir, I did.

Q: When were the first few times that you interviewed her?

A: The first time I talked to Elizabeth Haysom was April the 8th, 1985.

Q: April 8th, 1985.

A: Yes, sir,

Q : The second time that you interviewed her would have been when?

A: April the 16th, 1985.

Q: During those interviews, did you observe any cuts or bruises on Elizabeth Haysom?

A: No, sir, I did not.

Q: And the Jens Soering that you have been describing throughout your testimony would be the defendant seated over here?

A: Yes, sir.