6. TRIALS

        Most people, thankfully, have little idea what it means to go through a jury trial for a murder case.  Their notions are shaped by the media news and television courtroom dramas.  It is altogether different to be in the courtroom following the procedures, observing and being observed by the jury, and riding the rollercoaster of starts and stops, of lawyers’ motions, clarifications, documentation and presentation of evidence.  Generally unfamiliar to the public is the extensive trial apparatus that exists to coordinate witnesses and to support victims.  The Prosecuting Attorney’s Office in Boise has many staff who are dedicated to these matters.  The parade of witnesses that passes through a trial each has to be tracked down, depositioned, scheduled, interviewed and dismissed per courtroom procedure.  The Victim Administrators’ jobs are particularly difficult.  Two were assigned to Lynn's case.  As the months after her murder grinded into years, they would contact us occasionally to give us news or updates.  These updates tended to be discouraging, as they usually involved information about some likely suspect whose DNA sample had been taken and sent to the national lab in Maryland for analysis.  Then we would learn the test results and find out that they were negative.  I don’t recall the number of such instances but 156 samples were taken over 2½ years.  The day came when Erick Hall murdered his next victim.  Lynn’s case Detective predicted this would happen; that the murderer would be driven to kill again and eventually would slip up.  There were strong similarities between the evidence in the Hanlon case and in Lynn’s.  We now know what that evidence was.  The usual process happened: we got a promising phone call, DNA was sent to the lab, test results were slow in coming, but this time the results returned positive.  However, just to be sure that there weren’t any mistakes, the DNA was re-tested.  It was a relief to have a suspect; during the time between Lynn’s death and the trial my parents suffered greatly.  My Mom was the victim of her own constant conspiratorializing, while my Dad endured her scenario building and vain imaginings, though we all had to abide them.  As a distraught mother she couldn’t help herself.  The wear and tear has had lasting effect.  Then came the wait for a trial date; the defense raised motions that delayed the trial’s start.  The trial wouldn’t happen for a year and a half after Hall's capture – so much for rapid justice.  My parents, sister, Walt and I attended the trial, Laura's husband joining us part way through.  Not wanting my wife or kids to go through the experience, I flew to Boise alone and was met by the hotel van.  While riding to the hotel the driver asked me what brought me to town; when I told her the Lynn Henneman trial she assumed I was from the media.  I got there on a Sunday, and on Monday morning we all went to the Prosecuting Attorney's office.  The Victim Administrators and Attorneys debriefed us on how the trial would proceed, on some of the evidence that would be presented, and cautioned us how unpleasant some of it would be.  When there was going to be particularly graphic testimony they would let us know so that we could leave if we wanted to.  My Mom would spend almost half of the trial outside of the courtroom.  We had all kinds of questions that they patiently answered.  As the trial took shape the Victim Administrators became increasingly important logistical and emotional touchstones for us.  They would prepare us each morning for the testimony we would hear that day and they would meet us at day’s end to go over logistics for the day to come.  They were our guides.  I don’t know how these dedicated people can do such emotionally wearing work day after day.  The despair, hatred, and confusion that they constantly must deal with would become depressing to all but the sturdiest souls.

        As the trial started the morning of October 12 the Prosecuting Attorney opened with some key observations:

·       There would be 12 jurors and three alternates, 10 women and five men, no one under 30.

·       There were three charges in the case - murder, kidnapping and rape.

·       Hall had a very troubled childhood and this would be a factor for the defense.  By 10 or 11 he was on the street; there were reports of Hall biting himself in class in first grade.

·       During her brutalization Lynn was “hogtied”, her arms and legs tied up behind her back and bound together by her clothes, which were cut by a knife and then used to strangle her to death.

·       Hall’s girlfriend worked in a fast food restaurant near the place where Lynn's wallet was found, partially burned.

·       Lynn had a capped tooth, which was important evidence in confirming the identity of the body.

·       After all her years of living in New York, Lynn still had a Montana driver's license.

·       A woman on a bicycle saw Lynn twice on the Greenbelt that evening, passing Lynn once on her way to meet a friend and again on her return, and observed a man on a bicycle talking to her.

        The next day, Wednesday, October 13, witnesses’ testimony began.  The first person to testify was the flight Pilot who discovered that Lynn was not in her room.  He described events about which we knew much already: When Lynn didn't show up in the Reception area to catch the van to the airport the Pilot went to her room.  When she didn’t answer his knock he asked the hotel staff to open her door.  Inside they found the television on; Lynn turned it on when she left the room to deter potential thieves.  They found her uniform on a hanger, and everything in order.  The hotel door is keyed into the main computer, so the hotel staff knew that the door was last opened around 3:30 the preceding afternoon.  Both pilots had gone out to dinner the night before and were on the Boise River Bridge at sunset, about 10 minutes before Lynn's estimated time of death.  They didn't recognize Erick Hall from his mug shots and they hadn't noticed anything amiss during their return to the hotel.  The flight to Denver that morning was canceled because the plane was short of a crewmember and they had to fly a replacement Flight Attendant to Boise to cover for Lynn.  One of the other Flight Attendants gave testimony.  She mentioned that Lynn worked hard, finishing her tasks and then asking the other Flight Attendants how she could help.  The crew spent the day in Boise in anguish as they waited for Lynn’s replacement.  A hotel staff testified that the room’s door was linked to the computer system, establishing with certainty the time Lynn left the room.

        The hard, wooden benches, like church pews, were already becoming uncomfortable, and this was just the first day of testimony.  The presentation of evidence continued.  The next witnesses established where Lynn was and when she was there, putting her on the bridge just after sunset.  As we already knew, Lynn had gone to the Museum and bought a present for her niece in Idaho Falls, whose birthday was coming soon.  This present was in a shopping bag with the Museum's logo; inside the bag was a credit card receipt showing the time of the transaction.  This receipt matched the Museum's own receipt.  The bag was found at the crime scene.  Next the waitress from the brewpub where Lynn ate dinner testified.  She remembered Lynn, partly because Lynn left a 20 percent tip; her many years of waitressing made Lynn a sympathetic customer, and she always left at least 20 percent.  The restaurant receipt showed that she had a salad and a beer for dinner; the receipt also showed that Lynn left the restaurant near 7:00.  The sun set that night at 7:38 - 7:39.

        The witness who passed Lynn on her bicycle gave testimony.  She remembered where she passed Lynn the first time.  She said that there was a guy on a bike next to Lynn.  She recounted how she looked at Lynn, who smiled back with an “it’s OK” look.  The witness continued on her way to meet her friend who didn’t show up, so she returned and passed Lynn again.  The guy was now walking next to Lynn pushing his bike; upon seeing the witness he got back on his bike to pursue her, leaving Lynn.  Eventually the guy caught up to the witness and, as she expressed it, tried to hit on her.  He then gave up on her and took off on his bike.  The witness said that in the coming days when she saw Lynn’s photo on the “Missing Person” bulletins she came forward with her information.  She said that she has not been on the Greenbelt since that day.  The guy on the bike, Chris, was the next witness.  Chris said that he stopped to talk to Lynn when he saw her.  For a long time many people suspected that Chris was somehow involved in the murder, although his DNA did not match.  Chris was a tall, ruggedly handsome, muscular, troubled looking man, probably in his early 30s.  He had been in and out of the penal system and his record showed that he had difficulty holding down a job.  Chris's testimony and his answers to questions were scattered; he spoke in a staccato voice, obviously having trouble expressing himself.  His delivery was short and abrupt, given with attitude.  He did not impress me as a murderer, although I would not have been surprised to learn he could be abusive.  His thought process was twisted, believing he could pick up girls who were walking on the Greenbelt.  I guessed that he had consumed vast quantities of drink and drugs over the years.  He was a sad case.  He mentioned that in his conversation with Lynn she told him “marriage was the only way to go,” saying it in such a way that we knew he was repeating what Lynn had said.  Chris then mentioned meeting John and Walt when they brought the Missing Person flyer to the restaurant where he was working.  He told them, quite honestly, about his encounter with Lynn on the Greenbelt.

        Leaving the witnesses, the trial turned to the available physical evidence.  Lynn's wallet had been found partially burned on school grounds behind a fast food chain.  At that time a girl who worked at the restaurant was seeing Hall.  A picture of the wallet and articles pulled out of it was shown on a projector, and I felt like I had been hit with a body blow.  On top of the small pile of articles was a picture of my daughter, partly burned, smiling at the courtroom.  My son’s picture, off to one side, was blackened.  No useable fingerprints were found on any of the items.  The detectives who gave testimony established the various items that Lynn had with her including the Museum bag, a small shoulder bag that she carried, a New York Times dated September 24, and specific articles of clothing that she wore.  One detective described the Garden City Police’s massive search, which reminded me of Keystone cops.  They had no map of the river showing where the search was conducted, no record of the times that different areas were searched or by whom, which would anger me later when photo evidence was presented of where Lynn’s stuff was found.

        Thursday, October 14, introduced the police task force that had been assembled to work on Lynn's case.  Within days the force included the Garden City Police, the Boise Police, the County Police and the FBI.  The police did not immediately assume that Lynn's disappearance was foul play.  After evidence was found along the riverbank on October 9th and the body was found a few days later, there was no doubt of foul play.  The articles found on the 9th included the articles mentioned, which were scattered in the brush on the riverbank, and Lynn’s shoulder bag, which was partially submerged in the water, a sandal that was flung some distance, a knife and a bookmark.  There had been just a little light rain during these days.  They tried doing a spectral analysis of the site for signs of blood but none showed up, suggesting to me that Hall dragged Lynn into the water, leaving no trace of the blood that must have been flowing from her head wounds.  Photos were shown of each of the items.  Sitting on the courtroom bench looking at the photo evidence I vividly remembered my wife pointing to where the evidence was later found, and my reminding her that the police said they had scoured the whole area.  When she said it, we were standing on the bridge directly above the place where, I guessed, Hall killed Lynn.

        The fisherman who spotted her body noticed that it was caught in tree branches dragged there by the river’s current, held by Lynn's long hair.  A recovery team could not easily retrieve the body from the river on the Garden City side because of the density of underbrush.  They had to salvage the body from the eastern shore.  Fortuitously, this moved the crime scene to the jurisdiction of the Boise Police.  The body had no face, as it had been ground off by river rock.  Many crime scene pictures were shown, and I averted my eyes to the floor.  The water’s cold temperature preserved for 13 days the semen in the vagina, despite the body’s underwater submersion, and the sample that the Police recovered, though very fragile, was sufficient for DNA analysis.  The Crime Unit had to obtain dental records to make a positive identification.  The autopsy was done on Sunday, October 18, twelve hours after the Forensic Pathologist finished cleaning the body of river debris.  An “Evidence Technician” manages all of the evidence collected during a case, accepting, storing, and releasing evidence as may be required, and logging all use in a computer database.  The police do not have unrestricted access to evidence. 

        While the term “lividity patterns” may be familiar to people who watch crime dramas, the term was new to me.  After the heart stops, the blood, which is no longer being pumped, settles in pools in the body.  Examining the pooling patterns, the Forensic Pathologist could determine Lynn’s position after death; she was on her stomach wrists and ankles bound behind her back above her body.  Most likely Hall tied her up because, the evidence showed, she struggled.  Why he would tie her up like an animal is also suggestive of his mental state.  She had to be laying on a hard surface for at least twelve hours for the lividity patterns to be so pronounced, in a position tilted toward the upper body.  She had received multiple blows to the head from a blunt object from different angles, indicating that she may have put up a fight; one blow wasn’t enough.  While the blows would have stunned her they didn't kill her.  The Forensic Pathologist could tell that she was still alive because there was evidence of bruising around the wounds, so the heart must have been beating.  When she was found, she still had a knotted sweater tied around three of her limbs, one of her arms having slipped out of the knot.  The autopsy showed that Lynn's upper arm had been broken, probably when Hall, realizing that daybreak was approaching, picked the body up – being hogtied made it easy – and threw it into the river.  Autopsy photos showed the contents of Lynn's stomach – salad – and since the dinner had barely been digested it was possible to put her death between 8:00 and 9:00 p.m.  The Pathologist showed three photographs that the Defense argued stridently were prejudicial to Hall's case; these photos showed the Pathologist’s reenactment of Lynn’s position.  The Prosecution countered that the photographs were germane to the case, and the judge overruled the Defense’s objection.  The County Coroner – a self-important official – gave testimony after the Forensic Pathologist; why elect a Coroner?

        In the time since Lynn's death I have glimpsed periodic flashes, snippets, of what happened to her that night, too real and unwanted for me to dismiss them as imagination.  Lynn's anguish seemed to be transmitted precisely because of its powerful emotional charge.  In these flashes Lynn was walking across the bridge when Hall passes; she's already a little bit uneasy having just seen off Chris's unwelcome advances.  Hall scares her; he sees the expression on her face and misreads it as contempt.  He's a drugged-out low-life; no wonder she was scared.  There is a moment of terror, an urgent desire to hurry.  She speeds up.  Hall gives chase.  He reaches her, grabs her.  There's a struggle and then blistering, searing pain, and the ultimate humiliation; at the end of consciousness there is an emotion – death – death is an emotion.

        During the trial I usually sat on the same side of the courtroom as Hall, whose table was angled towards the judge. From there, I was able at times to see his face and watch his expressions.  About 6 feet tall with a solid build, he doesn’t have an imposing presence.  Dark-haired, with moderately refined features, some might consider him handsome.  He sat through most of the trial passively, avoiding eye contact with the jury and being well mannered to the judge.  Hall spent much of the trial scribbling notes and drawing, though once he lost his composure.  He was always in the courtroom when the doors opened to let observers in, and he was always led out in shackles and chains at the end of the day with his back to the room.  On this occasion we stayed in the room during a break to talk to the attorneys.  The guards brought Hall in and we watched as he was led to his chair and seated.  Being on display like that in front of us clearly agitated him; his nostrils flared and eyes flashed.  That was the only time we glimpsed his temper.  Undoubtedly Hall is a psychopath.  Because there was solid DNA evidence, we had no doubt of his guilt; the evidence was especially compelling, as the genetic analysis revealed that one of his genes was rare and perfectly matched his DNA profile.  This information came to light because of a question posed to the DNA specialist by the Defense Attorney.  (In the courtroom don’t ask a question if you don’t know the answer.)  Moreover, it was clear to all that Hall was the murderer.  At times in the courtroom I was overwhelmed by anger at the senselessness and brutality of what he had done.  I watched his expressions when different witnesses testified or when photographs were shown on the projector.  He could not bring himself to look at most of the films or pictures, seemingly disassociating himself from the evidence.  At one point, I’m not sure when, I developed a biting reflex, which unfortunately I still have.  Supposedly this reflex is a defensive response of the reptilian brain when threatened, but research on the psychology of this reflex is sparse and, despite being aware of the mechanism involved, it continues.

        A United Airlines Flight Attendant who lived in Boise took it upon herself to show professional solidarity with my sister during the trial.  She came to the trial several days, one day in uniform with flowers and a card for my Mom; she touched our hearts.  She was there on one of the days when there was particularly graphic evidence and broke down afterwards.  Several female witnesses gave testimony about Hall's abusive tendencies.  When he was arrested Hall was homeless, living in a tent on churchyard grounds with his pregnant girlfriend.  They were both into the meth scene.  Some time after Hall was arrested but before the trial, she was found floating dead in one of the many small pools on the edge of the Greenbelt; an autopsy showed she had been tripping on meth but could not determine the exact cause or circumstances of death.  Her mother came to the trial; she was guardian of their child.  Hall was all smiles for his “Mother-in-Law” when she showed up, but she looked morose.  At no time during the trial did Hall demonstrate any sign that he comprehended the gravity of his crime or the heartbreak that he had brought to others. 

        On Friday, October 16, the prosecution showed a lengthy video of Hall's deposition, which he gave following his arrest.  During this deposition Hall confessed to using “speed balls”, a mixture of heroin and methamphetamine.  On Friday late, the judge gave the jurors a long weekend to spend with their families and to recuperate from the draining week that they had just been through.  My parents left town, thankfully; they needed to get away.  They stayed with the parents of one of the other women who had been murdered on the Greenbelt the year before.  This poor girl’s father had reached out to my parents, my Dad especially, to console him and to offer friendship and understanding.  This turned out to be a great emotional support to my Dad and their friendship continues.  These two men share a loss that haunts them both; they are Christian men, in the most respectful sense, and have supported each other during some difficult times of trials, appeals, and retrials.  I went with my sister to Idaho Falls and spent the weekend with her family.  Walt stayed in Boise.  The trial resumed on Monday continuing the Hall videotape.  While never admitting to guilt, among Hall’s comments, caught on tape during the deposition, were: “it was all about anger versus sex,” “when opportunity knocks,” “because of the look she gave me.”  He talked about a rushing sound in his ears and that he thought she was still alive when he raped her.  When some months later he remembers what happened he sees “a person without a face,” saying “it never should have happened.”  Apparently he tried to block the whole thing from his mind.  He said that he had nightmares triggered by what happened “to this woman.”  On the tape, when the police left him alone in the room there was a whiteboard on the wall with a marker in the tray.  On the whiteboard Hall wrote:

Anger
Rage
Honesty
Confusion
Fear of self – loss of control

5 levels or chapters of Erick

 The police asked Hall if he would like to write a letter to the family.  The letter was read in court, after which one of the jurors wept.

        Tuesday, October 19 more evidence was presented – Lynn’s clothes.  The left front seam of her shorts was cut open and the right hem torn.  One of Hall's former girlfriends testified next, she couldn't even bring herself to look at him to identify him.  At the time of the murder Hall was living in a trailer house.  The condition of the place was so bad that the landlord took pictures of it in order to get him evicted.  These photos later appeared in the Boise news.  The rest of that day's and Wednesday's evidence presented the DNA results and the “chain of custody” that definitively linked the semen sample taken from Lynn to Hall.  The DNA specialist who gave testimony did her best to simplify what is an immensely complex subject.  Among the things she described, there are 9 million genes, each differing one from the other.  The DNA test examines 13 loci on a chromosome plus 1 for sex.  The tests have become so sophisticated that it is now possible to use just a few cells and multiply them in the laboratory to get testable sample sizes.  The “sex crime kit” was admitted as a result of this testimony.  The Prosecution's closing arguments were made powerfully and dramatically.  In a moving delivery, the lead Prosecutor placed Hall in the situation where he had just raped Lynn.  He put a 3-minute hourglass on the table and mimicked what could have gone on in Hall’s mind:  “Now what? What should I do next?  This woman is lying here,” the Prosecutor held his hands up in the air as if he is choking someone’s neck with a sweater.  He turned the three-minute timepiece over and, as the sand was draining away, he speculated what could have been going on in Hall’s mind: “I’m choking her, should I let her go?  She’s still breathing – not dead.  But I’m mad, angry, I hate, hate, hate, but if I let her go she lives,” and so on.  The point was made that at any time while he was choking Lynn, Hall could have stopped, he did not have to kill her, but he was in such a great rage that he couldn’t bring himself to stop and let her live.  The sand ran out, Hall didn’t stop choking her, and now the woman was dead.  The Defense's closing arguments were given on Thursday in a PowerPoint presentation that tied together all of the facts, “what we know” and “what we don't know.”  The Defense acceded to the rape charge but tried to blame Lynn's killing on the river, her sweater getting all tangled up around her neck as the water pulled her along.  Both sides rested their cases on Thursday afternoon.

        The feeling a crime victim has while waiting for a jury to decide a case is indescribable; a combination of anguish, anticipation and impatience.  No decision was forthcoming on Thursday although it seemed to us, the family, that the evidence was overwhelming.  Friday morning, too, we waited; finally at 11:00 the call came that the jury had reached a verdict.  The courtroom reconvened at noon and the jury foreman read the verdict: guilty on all three counts.  Nowadays it sounds cliché to say that Hall sat there emotionless, yet he didn’t show any emotion; he just sat there, eyes lowered.  Next came the Penalty Phase when the jury decided Hall's sentence.  Having established Hall's guilt, witnesses would be admitted during the sentencing phase who were not admissible before, although evidence from the Hanlon case could not be heard, in deference to the Defense.  The Penalty Phase began at 3:30 on Friday afternoon and, at the request of the jury, would continue through Saturday with the judge’s consent.  Hall's prior criminal record now became a matter of court record.  In summary, it was given as:

1991 – Convicted of grand theft in spring.

1991 – Aggravated rape in December.

1994 – Attempted escape from minimum-security prison.

1999 – Released from prison in December.

2000 – Murdered Lynn Henneman in September; and not admitted to the trial

2003 – Murdered Cheryl Hanlon in March.

As a juvenile, Hall had spent time incarcerated as well.

         On Friday night there was a dramatic testimony.  Hall's first rape victim gave a highly charged account of her tragedy.  The victim was mentally and emotionally frail, and impressed me that this might be the most difficult thing that she had ever done and was forcing herself, with all of her strength, to put Hall away.  Maybe there was an element of revenge but it seemed that as she testified she was exercising demons that had plagued her for years.  She was flown in from somewhere down South to testify and right up to the minute she took the stand the Prosecution was afraid that she would back out.  When Hall raped her she was 17; she had been a troubled youth and even then may have suffered from bipolar disorder.  She met Hall and one of his friends in a bar in Garden City.  The friend invited her to stay the night with them in a trailer where they lived.  She described how she started to feel scared but curled up in the corner and went to sleep.  During the night Hall grabbed her and dragged her out of the camper to a shed in back.  There he forced himself on her despite her pleas to leave her alone; she can’t recall what happened next.  Her memory picked up the thread of events again and she realized that she was naked and was being choked.  She struggled as Hall raped her up the ass, then he raped her vagina.  He had “shredded” off all of her clothes.  When he finished he threatened to bash her head in “with a hammer and throw her in the river.”  Sound familiar?  She couldn’t remember much after that.  Within days she was institutionalized and they discovered she was a recent rape victim.  Everyone in the room was deeply moved by her testimony; many of the jurors were crying, men and women.  One of the jurors was later quoted as saying that her testimony was a key consideration in giving Hall the death sentence.  As a family, we sat there in stunned silence.  How could someone like Hall have been considered as rehabilitated?  How could he have been set loose again on society?  It should have been clear that it would just be a matter of time before his demented craving would get the best of him.  Lynn just happened to be there when it did.  After the court was dismissed that night the victim came and gave my Mom a hug and they cried together.  It seemed that a great burden had been lifted from her.  Later I heard that after the trial she was reunited with her family, which she had not seen in years.

        On Saturday morning the Prosecution wrapped up the case of Hall's (so far as is known) first rape victim, though she was not there.  They showed pictures of the victim’s injuries.  The Defense recalled Hall's testimony at the time: “What have I done?” trying to leave the impression that he had a twinge of conscience.  Next, one of Hall's former girlfriends gave testimony about their life together, how Hall mowed lawns to make money, how they relied on food banks for meals, and how Hall started “having an anger problem."  Another former girlfriend gave testimony, the whole time staring at Hall sympathetically.  She described a very violent relationship, on both sides, recalling how once Hall came after her screaming so loudly that he upset their neighbors.  He pulled her through the car window where she sat and bit her on the cheek.  The neighbors called the police to break up their fight.  Twice he choked her while they were in bed; one can imagine what they were doing at the time.  They were meth buddies; she would inject him with the drug so that he would not have to inject himself.  Neighbors gave testimony of how Hall had threatened them with their lives.  A friend of Hall's, who was serving time for forgery, was brought to court to describe the visible marks of abuse that Hall had left on his girlfriend, how she confided that Hall would force himself on her regularly, and how he would shoplift, presumably to support their drug habit.  She said that sometimes Hall would follow people around “hit ‘em over the head and take their money,” but that he was always helpful to her and her family.

My sister and I gave our Victim Impact statements that morning.  Mine was:

Lynn had a very special place in our family as a close friend, confidante and primary caregiver to our children, Meghan and Nathan.  Lynn and I were just 20 months apart; we grew up together. 

My wife, Diane, is an American Airlines Flight Attendant. Because of this, Lynn and Diane were especially close.  When Diane and I had to travel for work, Lynn would arrange her schedule so that she could watch her niece and nephew.  Lynn was part of our family.  Losing her has been crushing; among the impacts are:

As a family, we can no longer rely on Lynn’s loving care for the children when we are away.  Because of both of our professions, this has sometimes left our children without a trusted adult family member.

Diane had to take six months of leave of absence for counseling to cope with her anguish at flying.  She also had to overcome feelings of guilt.  She felt responsible for Lynn becoming a Flight Attendant with her encouragement.

Ever since the day that we scattered Lynn’s ashes our son has had difficulty coping.  Emotionally, he has been unable to process this painful experience, despite therapy.  This loss has affected his ability to handle stress.

For myself, I’ve lost my best friend.

        My daughter, Meghan, tells of her loss in her own words.  She wrote the following piece for a school assignment last year when she was in 5th grade.  Her burned picture was in Lynn’s wallet that was found behind the school.

Always in Your Heart

A few years ago, when I was seven, I found something out that changed my life forever. It was a quiet evening. I was up playing in my room and my brother Nathan was in the basement watching TV. Well, it just happened to be 7:02 p.m., the time I always went downstairs to skid across the kitchen floor in my favorite socks. So I hurried down the stairs with glee as I thought about how fast I would slide across the kitchen floor, but when I got downstairs, something was different. Usually at this time of night, my dad would be sitting in a cozy living room chair quietly reading one of his favorite books, but this time, instead of reading a book, he was sitting down with his hands over his eyes as he cried. “What’s wrong dad?” I asked him curiously. He slowly lifted his hands from his face. “Well sweetie, I know you probably won’t be able to believe this, but Aunt Lynn died.”

I couldn’t believe what he had said. “No.” I thought. “She can’t be dead, it’s a lie!” Although I knew it wasn’t. I felt a funny feeling inside me, an empty feeling, as if someone had just stabbed me in the heart. “How’d she die dad?” I asked solemnly. “Well, I think the Boise police said that she had been choked to death. They found her body floating down a stream.” said Dad. After that, I didn’t skid across the kitchen floor, or eat any dessert. I couldn’t sleep that night. I stayed up all night, wishing that I never had to hear the news that I heard earlier that evening. After a few hours of lying in my bed and quietly crying and thinking of the nightmare come true, I finally couldn’t take it. I cried myself to sleep with nobody to comfort me.

The next morning, I woke up, hoping that what happened the night before was just a dream, but when I reached up to rub my eyes, I felt a tiny tear course down my cheek. I then knew that it wasn’t just a dream, or my imagination, I had actually found out that Aunt Lynn was dead. “Why?” I thought. “Why does this have to be real?” I sat up in bed very slowly. Nathan was already eating breakfast by the time I got to the kitchen. “What do you want to eat sweetie?” asked my mom. She sounded as if I had just cut myself and needed a Band-Aid. “Nothing,” I said as though I had been crying forever. “I don’t want to eat anything ever again.” Then I curled up in a ball on the couch and thought, “Why did this have to happen to me?” I wondered. “Why am I having so many bad things happen to me?” Then my mom sat down next to me and hugged me. I felt a little tingle of comfort run through me. It helped me to know that my parents would always be there to comfort me.

A week later, my family and I traveled out to Montana for Aunt Lynn’s memorial service. Everybody there seemed to be as depressed as I was, many of them said nice things about my Aunt Lynn, which really made me feel a lot better. Although everyone was crying and blowing their noses, I wasn’t. I felt very sad, but no tears came. Why wasn’t I crying? Then, it hit me. Aunt Lynn always hated to see me cry. So it would probably make her feel better to see that I wasn’t crying.

A couple days after the service, my whole family (which includes my Nana, Papa, Aunt Laura, Uncle Mark, and their four kids Josh, Missy, Tyler, and Jessie.) went to sprinkle Aunt Lynn’s ashes. We all gathered at her favorite place in the world, a place with a beautiful lake, waterfall, and plenty of beautiful hiking trails, a place called Fairy Lake. Everyone got pretty carnations to throw into Fairy Lake. We all lined up in a row. As we threw our flowers at the lake, I felt as if I was giving a special gift to Aunt Lynn, even though she was gone.

While the grown-ups went to sprinkle her ashes, the kids went to make a snow fort. As I lay down in the snow, I felt the warm rays of sunshine fall onto my face, as if Aunt Lynn was smiling at me from Heaven. In that moment, I learned something. If you save a little place in your heart for someone you love, even if they are dead, they’re still alive within your heart. Ever since that day at Fairy Lake, I have remembered this. So whenever I feel lost or lonely, I remember that little place in my heart, where I keep my little piece of Aunt Lynn. Within me, I have a special angel that is always with me when I need her. I will always remember that if you love somebody, they will always remain with you, in your heart.

        After giving my Impact Statement I returned to my seat.  I noticed that Hall had drawn a smiley face on his Styrofoam water cup and set the face towards us.  I assume that, if he did this consciously, it was his way of communicating that he approved what he had heard.  After my Impact Statement my sister gave hers.  Many jurors were in tears when we were finished. 

Hall’s background was tragic, as one report describes:

Hall's sisters testified that the family, with as many as six children, many half-siblings, bounced from home to home with no parental supervision, often experiencing a culture of violence.  The sisters said the kids often subsisted on bread or were not given food at all. They were taught by their father to shoplift to get clothes and food; occasionally ate dog food for sustenance. They said they were victims of emotional neglect and physical abuse by Hall's parents, oldest brother, and later his mother's boyfriend. The women testified that they were sexually molested by the oldest brother. One sister said she was later sexually assaulted by Hall's mother's boyfriend. 

Hall's mother left the oldest brother, when Hall was in his early teens, in charge of the younger kids. They said this brother would tease and punish them when he wasn't ignoring them. They said he was particularly abusive toward Erick Hall, beating and mercilessly berating him about his appearance, clothes, and "loner" nature until Hall blew up in anger. The older kids often ganged up against Erick, who was at least two years younger.  The brother would make it a game... to pick on him, call him names. It was like 'let's gang up on Erick.' 

Hall was very much a loner, with a lot of imagination and a lot of made up friends. Hall also was regularly beaten by his father and witnessed several fights between his parents in which they choked and pummeled each other.  Because of the trauma at home, Hall and his brothers wet the bed for much of their childhood.  The boy's mother used to wave the urine-stained sheets out the bedroom window to humiliate Hall when the school bus came.  Hall barely looked at his sisters as they testified Monday, mostly holding his chin in his hand and looking down.

But people have tragic backgrounds without becoming murderers.  Hall’s two brothers are also in prison, one for murder.  It would seem that propensity to murder is a social disease that can run in families.

Hall’s trial was the first time an Idaho jury had the power to decide if a defendant should receive the death sentence, and it was the longest time an Idaho jury had been sequestered.  The case against Erick Hall finally rested as summarized by the Boise press below.

Erick Hall

– white, age 29

Sentenced to death in County, Idaho

By: A jury

Date of crime: 9/24/2000

Prosecution’s case/defense response: Hall kidnapped and raped Lynn Henneman before strangling her with her own sweater. Hall’s DNA was found on Henneman’s body. The defense contested premeditation by arguing that if Hall killed Henneman it was out of panic or rage. In the penalty phase, witnesses for the prosecution included a woman who was raped by Hall in 1991 and two women who were previously assaulted by Hall. Hall had an extensive criminal history, had previously tried to escape from prison, and had been released from prison 10 months before killing Henneman. The defense presented evidence of Hall’s abusive childhood and drug use. Although not presented at trial, Hall is facing charges for the rape and murder of Cheryl Hanlon in March of 2003, which DNA evidence linked him to as well.

        Some of the jurors sent us letters after the trial; they had been as traumatized by the experience as we were.  It matters to me not at all that Hall got the death sentence and is still alive.  The Victim Administrators described to us what Hall's life would be like on Death Row.  He would be in a small cage from which he could access an exercise cage once a day.  He would be surrounded by other Death Row inmates and would have little privacy.  I envision Hall waking up each morning and opening his eyes to see metal bars, and as it dawns on him where he is, he will remember why he is there and will know that there will never be anything different, and that this will be his lot in life until he dies, which may or may not be at the hands of the State.  My view of capitol punishment has changed.  I now think that the choice of punishment ought to be up to the victims.  One can argue that this would make for uneven and unfair application of justice, but then the perpetrator wasn't being even or fair in committing the murder.  My concern about meting out such justice is that disagreements about sentencing among the victims could spoil their relationships with each other.  In the literature justifications for the death penalty tend toward the sentence as punishment or the sentence as a deterrent.  I subscribe to neither argument but strongly advocate society’s right to dispose of people such as Hall to protect its own citizens.  How to “dispose of” such individuals is a matter for those who take it upon themselves to protect the public, so long as the public is protected.

        When I returned to Vermont from Boise I was mentally overwhelmed.  I found no sympathy at home, my family had none to give, my children were uncomprehending and we had been traumatized once already.  Colleagues avoided the subject, either out of discomfort or because they thought it would be inappropriately nosey.  This avoidance behavior by people who are acquaintances of victims of violent crimes is sadly common.  I saw a news piece on this subject once and realized that though I may suffer, this same suffering is shared every day by thousands of other families whose friends don’t know how to express sympathy.  At least one friend went out of her way to be helpful.  A “medicine woman,” in previous centuries she would have been burned alive as a witch.  Vermont seems to attract segments of the New Age crowd, and among this crowd are some unusually gifted people.  When she saw me, she could “see” that I was “splotchy and gray.”  If this is how I looked, it was certainly how I felt.  She offered to do some “cleansing and healing” work on me.  I had never been subject to such a ritual before.  Twice she performed a cleansing ritual using crystals and sounds.  After the first ritual I noticed that my level of anxiety and stress decreased and the pain in my chest, unrelated to my heart, went away.  The second episode was striking in its effect.  Clearly she was a gifted healer and I could feel her power “smooth over” my splotchy and gray self.  An explanation might go something like: We all have “electrical bodies”, so called because our nervous systems carry electrical impulses.  Magnetism is a feature of electrical systems.  During these rituals I felt a “magnetic reversal”, which is as near as I can come to an explanation.  Of course this is not scientific, but then science can only explain what it can measure, and dismisses – without probable cause – “data” that doesn’t fit into its models.