Henry’s Parole Hearing from his Perspective

Tom Henry: Confession of a Killer

I found a letter from Tom Henry in our mailbox this weekend. Here’s what he wrote:

3-21-13

David,

This date is a memorable one. Where do I begin? Let’s start on March 20th. I had a visit from Rosie and Richard (his sister and her husband). Rosie said that neither of the law students have contacted her by phone or email. So she said we’re going to drive around tonight and see if we can locate them at a motel. Rosie had their names because I sent them to her. They didn’t find them anywhere.

Thursday morning. The parole hearing was scheduled for 9:00. I was taken to North 2 Cell House around 8:20. About 9:12 I was taken to an area with a desk and a woman named Ms. Donovan put down my file and said to the officer, “we’ll be needing four more chairs.”

She asked the officer to call out to the Electric Eye and have Hillenbrand’s visitors escorted in. He made the call and said a Richard and Rosemary Anderson are on the way in. She told him there should be four visitors, and she told him the names of the two law students. “I’m not going to proceed with this hearing without Hillenbrand’s counsel,” she said. She went to the wall phone and told someone on it to hold Hillenbrand’s visitors and to ask at the Electric Eye if the two law students were signed in. “No,” was the answer.

Around 9:40 she asked me if I know of any reason or have been notified that they wouldn’t be attending. “None whatsoever,” I said. I’m upset myself but doing my darndest not to show it. She says, “We’ll give them some more time and if they don’t show  I’ll continue this hearing to April’s docket.”

So she’s sitting there and I’m sitting there. I’m bored because I don’t have any activity I can do to pass the time. On the other hand, she has my jacket (thick folder with pockets) and opens it and commences reading papers and letters from the right side of it. That got my follicles to stand up under the skin on my bald spot, because the right side contains the petitions against me, letters from the state’s attorney, and letters of protest.

The only view I had was her facial expressions as she read one after another. She was very professional and didn’t comment about them. I’m thinking of all the negative things she’s reading, but I know when she reads the stuff on the left side it will change her thoughts somewhat about the inmate sitting across from her. She closes the folder and diverts her attention back to calling on the phone to inquire about the law students, if by chance they might have called.

She’s standing after getting off the phone talking to the security officer. All this time while I’m sitting there officers and counselors are going back and forth behind me. Some know her and are talking to her, but the distance is far enough I can’t make out that they’re saying.

She returns and sits down and says she’s been to Starved Rock, that she interviewed Chuck Weger at a parole hearing, and before she presented her case to the other members at the en banc hearing she drove to Starved Rock and, using the book, went into the lodge where he worked as a cook and then walked down the trail and went inside the cave where the three women were raped and killed.

She was a defense lawyer and doesn’t use a tape recorder. She takes notes using shorthand. She said she enjoyed doing a lot of her own investigative work. She wants to feel whatever decision she makes when she votes that it is the right one. “I have a responsibility and I take it seriously,” she said. Then she said she read the two C-number prisoners’ books. “I’m an avid reader,” she said. I said, “that way you get the whole picture of things. I seen you reading all those letters in the right side of the folder. I’m waiting for you to read the ones on the left.” She assured me she knows what’s in there and will be going over them.

So more time elapsed and she says, “there’s never been a time that any of Alan Mills’ students never showed up and didn’t even call, like today. I myself can’t contact them. It’s up to you to find out why. I’ll continue this to next month’s docket. It won’t be me, ‘cause I’m not scheduled to come to Menard in April.”

Then she said, “Henry, there’s been mention about a book that’s been written about you. I will be reading it.”

“Miss Donavan,” I said, “I don’t know what kind of grade these law students are getting this semester, but I’m giving them an “F”. They failed me by not calling me after our visit here, not contacting my sister or calling down here letting us know they’re not coming. You know when you’re in court if you feel like your lawyer’s not doing a good job you can just fire him? Is there some paper we can draw up here to make a record that I no longer want their assistance?

“It’s up to you alone to make that choice,” she said.

“Let’s start writing,” I said. (I figure if I get it postponed till next month there’ll be another parole board member here. Ms. Donavan has already read everything in my jacket. She’s been waiting all this time to do her job. Plus, I’m not letting someone who was a defense lawyer get away and possibly get an ex-state’s attorney.)

She instructed the officer to have my visitors escorted in. They came in and we had the hearing. At the conclusion she said to Rosie, “I want to get to the bottom of why those law students didn’t attend.” She gave Rosie her business card and said, “when you contact them and find out, let me know.” Then she closed the file and turned to me and said, “I’ll be reading Tom Henry soon.”

 

Thank you for viewing my blog. Please return often. I value your comments.

Regards,

David Hendricks

www.authorhendricks.com

Like Author Hendricks on FacebookFollow Author Hendricks on Twitter

Parole Hearing for Henry Hillenbrand

Tom Henry: Confession of a Killer

Tom Henry’s parole hearing was scheduled for last Thursday, March 21. Before I tell you what I know about how it went, let me start with a dark joke. (Yes, your Honor, it’s relevant.)

Question: What do you call the guy who graduates from medical school with the lowest grades in his class?

Answer: Doctor

That said, let me tell you a little about the two Northwestern University law students working on Henry’s Parole Hearing. Both were assigned to assist Henry with his parole hearing by the legal director of the Chicago Uptown People’s Law Center, Alan Mills, a Northwestern adjunct Professor. Alan Mills is a prince among men, standing up for the poor and disenfranchised, doing pro bono work for justice for those unjustly treated by the Illinois Department of Corrections, slumlords, and other tyrants. For more information or to donate to this worthy cause go to http://uplcchicago.org.

Back to the law students assigned to help Henry. By assigning two, Alan Mills assured the safety of redundancy, which was good because on the date of Henry’s parole hearing, one was on a school-related trip to South America, so her partner was slated to attend Henry’s hearing to speak for him.

I received an urgent text that evening from Henry’s son, Tom Elliott of southwestern Missouri, asking me to call him. He was agitated. “What’s wrong?” I asked. “The lawyer never showed,” he said, “and the parole board lady asked Dad if he wanted to go on with the hearing and he said yes, since his sister and her husband had driven all the way there for it.”

I could imagine the blow to the gut that must have been for Henry—now that he’s done 30 years with good behavior and is 65 years old and has a realistic chance at parole—to have entered that hearing room and to be told his lawyer didn’t show or even call and to have felt he had to continue with the hearing because of his sister driving over four hours to be there. I felt so bad for him.

I was at dinner with friends at the time, but I immediately emailed Alan Mills from my phone to ask what had happened. He didn’t know, but he forwarded my email to the student who hadn’t showed and the next morning the answer arrived:

“Prof. Mills, I planned on making the trip today, but I had car trouble and couldn’t obtain another car for the day. I spent all of yesterday trying to get my car repaired. By 7pm I knew I wouldn’t be able to have it fixed in time. I didn’t know who to call at that hour to inform Henry I wouldn’t be able to make it. David, extend my apologies to Henry.”

I wanted to scream! Not just because this sounded like a the-dog-ate-my-homework excuse, but even if it were true, he says he “didn’t know who to call.” How about the parole board (IPRB)? Any lawyer representing any parole applicant has to communicate with them and has their contact information. How about Alan Mills, the Professor who assigned him? How about Henry’s sister or his son or me, all of whose contact information he has? How about Henry at the prison? According to his story, he had all day Wednesday to think about this.

Well, hopefully this won’t end badly for Henry. He still has a chance at parole. The letters of support people wrote have gone to the parole board, I’m told. The student who is now in Chile plans to attend the en banc hearing in Springfield. I don’t know when that is scheduled.

As I’ve said before, to all who have shown interest and support, thank you. To those of you who pray, please continue doing so.

Thank you for viewing my blog. Please return often. I value your comments.

Regards,

David Hendricks

www.authorhendricks.com

Like Author Hendricks on FacebookFollow Author Hendricks on Twitter

Officer Bombed by Milk Carton

Tom Henry: Confession of a KillerThe following is a story that didn’t make the final cut of Tom Henry, but I like it. It shows Henry’s quit wit and jocular character. So, with no more ado …

“Good shot, Bro! I’ll pay you the two squares tomorrow,” Tom Henry yelled out the cell bars. A ripple of laughter spread throughout the cell house. I looked up from my typing to see an officer standing on One Gallery, rubbing his scalp, and staring at a milk carton on the floor. Tom Henry was laughing.

“What happened?” I asked.

“That officer was just minding his own business when that milk carton hit him right on top of his head.”

Just then the officer himself joined the laughter, looked up at Tom Henry, nodded, as if to say, “good one,” and continued his walk.

Flying milk cartons were not that rare in the cell house in Menard. Milk was served every day, at least once, in individual cartons, brought to the cells by officers during deadlocks. Sometimes they weren’t drunk. Perhaps the inmate was asleep and it got warm. Often they were already warm and starting to sour by the time they were served. Once the milks served throughout the cell house had all been sour and that had caused a riot, complete with cursing, bar rattling, and trash and debris—including human shit—thrown onto galleries.

But this evening there was no riot and they weren’t on deadlock. Some inmate from a high gallery had decided to throw a full milk carton out of his cell, through the bars on the far side of his gallery, so that it would plummet down onto the wide floor of One Gallery. They liked to watch them burst open and the milk ooze out. Often they would save old milk for just this purpose, waiting until it was semi-curdled.

This one had landed without breaking open, thanks to its fall being interrupted by a square hit upon the officer’s bald head, from which it had bounced up about a foot, still intact, then landed on the floor in front of the startled officer’s feet.

Which was when Tom Henry had yelled, “Good shot, Bro! I’ll pay you the two squares tomorrow.” He had no idea who had thrown the milk, but his quick mind had formulated the scenario moments after the milk carton’s impact. The officer, who was familiar with Tom Henry’s quick mind, nodded his acknowledgement of the witticism and moved on.

Thank you for viewing my blog. Please return often. I value your comments.

Regards,

David Hendricks

www.authorhendricks.com

Like Author Hendricks on FacebookFollow Author Hendricks on Twitter

Where Can I Buy Tom Henry?

Tom Henry: Confession of a Killer

For months now, when friends and family have asked, “where can I buy your book?” I’ve been saying, “Only Amazon.” Now I have a fuller answer!

Tom Henry: Confession of a Killer is now available online as an ebook ($2.99) and online and in stores as a paperback. The ebook is now available at Amazon and Barnes & Noble, but very soon—possibly by the time you read this—it will also be sold by Smashwords, Apple iBookstore, Sony Reader Store, Kobo, the Diesel eBook Store, and more!

The paperback ($11.99) can be bought online from Amazon and Barnes & Noble, but also at all Barnes & Noble brick and mortar stores. Unfortunately, they don’t carry it in stock, but step up to their order desk and they’ll have it sent to your home or to the store—the latter at no charge—within two or three business days. Independent bookstores will also be able to order Tom Henry, but not Books-A-Million.

A funny thing happened that I don’t quite understand—but I’m not complaining. A couple of weeks ago Barnes & Noble reduced their online price of the paperback from $11.99 to $7.65, then just a few days later, Amazon matched that price. As I say, I don’t know why, but I’m happy Tom Henry now costs less.

On a related note, next week I’ll fly to Central Illinois to talk to a few media outlets about Tom Henry. The timing is right for such a trip, both because the book is just now becoming available on multiple platforms, but also because Henry’s parole hearing is scheduled for March 21.

I know that Henry would appreciate the prayers of those of you who pray. For those who have written him since reading the book, thank you.

If you’d like to write a letter to the Parole Board in support of Henry Hillenbrand, it needs to be mailed by March 6. It should be addressed to:

Illinois Prisoner Review Board
319 East Madison Street, Suite A
Springfield, IL 62701

It should be mailed to:

Uptown People’s Law Center

4413 North Sheridan

Chicago, IL 60640

Thank you for viewing my blog. Please return often. I value your comments.

Regards,

David Hendricks

www.authorhendricks.com

Like Author Hendricks on FacebookFollow Author Hendricks on Twitter

The Rules of the Justice Game

Tom Henry: Confession of a Killer

While digitizing and organizing my many boxes of legal–and other–papers, I came across something I typed out years ago from a book by Harvard Constitutional Law Professor, Allen Dershowitz. The book is entitled The Best Defense. It’s still available. I recommend it.

The Rules of the Justice Game

Rule I – Almost all criminal defendants are, in fact, guilty.

Rule II – All criminal defense lawyers, prosecutors and judges understand and believe Rule I.

Rule III – It is easier to convict guilty defendants by violating the Constitution than by complying with it, and in some case it is impossible to convict guilty defendants without violating the constitution.

Rule IV – Almost all police lie about whether they violated the Constitution in order to convict guilty defendants.

Rule V – All prosecutors, judges, and defense lawyers are aware of Rule IV.

Rule VI – Many prosecutors implicitly encourage police to lie about whether they violated the Constitution in order to convict guilty defendants.

Rule VII – All judges are aware of Rule VI.

Rule VIII – Most trial judges pretend to believe police officers who they know are lying.

Rule IX – All appellate judges are aware of Rule VIII, yet many pretend to believe the trial judges who pretend to believe the lying police officers.

Rule X – Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.

Rule XI – Most judges and prosecutors would not knowingly convict a defendant who they believe to be innocent of the crime charged (or a closely related crime).

Rule XII – Rule XI does not apply to members of organized crime, drug dealers, career criminals, or potential informers.

Rule XIII – Nobody really wants justice.

Thank you for viewing my blog. Please return often. I value your comments.

Regards,

David Hendricks

www.authorhendricks.com

Like Author Hendricks on FacebookFollow Author Hendricks on Twitter

This I Believe

Today my niece, Paula, who blogs for True Woman, a Christian ministry, referred to my 30-year-old case in her well-written blog (in case you can’t tell, I’m proud of her). She referred to something I told her recently, that my doubting of my former faith began with a comment made to me by a member of our Christian fellowship during the wake of my wife and three children. He had said to me, “God must have some great work for you to do!”

The following scene is from my upcoming book, Tom Henry, in which I tell, for the first time ever, of that comment and how it affected me. The setting is Tom Henry’s prison cell, into which I had just moved because we had decided to work together to write his story. Here is that scene:

“You go to chapel for something to do, or are you serious about your faith?” I asked.

“Dead serious. I got saved at a place down home called Penitentiary Bend, believe it or not. I went there to commit suicide by running my car off the road over a cliff. I was drunk at the time. But my car skidded and got stuck in the mud and I got saved. And I’ve been saved ever since.”

“Do you think it was God that got you stuck, or you being drunk?”

Tom Henry paused a thoughtful beat. “Let me put it this way. God did it, but it was one of his easiest jobs ever! Clarence from It’s a Wonderful Life could’ve arranged it.”

“Never seen it. I grew up in a house without a TV and Susie’s home growing up was the same way.”

“You didn’t have a TV?”

“No, we were a very devout church and we believed we should keep our homes free from the influences of the world. Actually, about half of us had TVs. I’d guess in a few years most will. Times change.” I remembered those good, sober, devout people. “But those folks don’t change too fast.”

“Do you still consider yourself a member?”

“No. After I was convicted of these murders, I resigned. Even then, some of them didn’t want to accept my resignation, but it was for the best. You can’t be a Biblical church and have a convicted murderer as a member!”

“What kind of church was it? I’ve heard it called a cult on the news.”

“Well, cult is a tough word to define. If it means a small religious group that’s a little bit unusual, yes. They take the Bible as the literal, inspired Word of God. They believe we’re sinners in our natural state, because of Adam and Eve’s original sin, and only the sacrifice of Jesus on the cross can satisfy a righteous God as payment for our sins.”

“That’s not unusual. My church believes that,” Tom Henry said.

“OK, then, how about this? They don’t call their buildings churches. They’re ‘meeting rooms’ or ‘assembly halls.’ And they don’t have an ordained preacher. So it’s pretty old fashioned, but not a cult. If you want a simple way to peg them, think of them as Baptists on steroids.”

“So you’re not a member, but are you still a believer?”

“That’s a good question. After being hit by this tragedy, I looked around and I noticed what appears to be blind random luck, not divine guidance, regulating human affairs. Bad luck and good luck, and you’ll never know what’s going to strike you until it does. So that’s a pretty humanistic belief. It’s certainly not faith.”

“Well, if you don’t have faith no more,” Tom Henry said, “you’re not a believer.”

“I’m still willing to get my faith back, but, to be honest, I’m angry at God—which is a stupid thing to be, I know, because by definition God is good—but it just kills me when people from my church group tell me things like, ‘God must have some great work for you to do.’

“What are they thinking? To form me to be useful for some job God had my family killed? They’re talking about children who never had a chance to grow up. They’re talking about a woman who was the sweetest, most selfless person I ever knew. And a good God had them savagely murdered so I could be prepared for some work? Are they nuts? Who would even want to work for such a God? That’s no God; that’s a beast!”

I’d uttered the last three sentences with such vehemence I was trembling.

Tom Henry sprang off his bunk. “Man, I’m sorry! I would never—I didn’t mean to get you like this!” He paused, searching for words. “You got a lot of anger in you.” He started to sit back on the edge of his bunk but before his butt hit the mattress he sprang up again. “But you can’t call God a beast!”

“I know. I got carried away. For the last year and a half I’ve had to take it and take it and take it and I’ve never had a chance to talk it out with anyone. I can’t talk to my family or Susie’s family like this. It would just kill them. Just knowing I’m losing my faith is tearing them up. So I’m really glad to have you to talk to. I hope you aren’t sorry I moved in.”

“No, Big Stuff, it’s cool. When I get to the point in my story where I tell you about how low I got before I found God, you’ll understand. But anyway, I’m glad you’re here and I’m glad to be here for you. I mean that, Bro.”

“All right. Let’s just put this down as ‘to be continued.’”

But the need to continue that conversation never arose. I’d opened my heart to Tom Henry and he’d received what I had to say, despite his obvious disagreement. A bond of understanding had been formed between two guys about as different as two guys could be.

I thank you for reading my blog. I hope you visit often.

My upcoming book, Tom Henry: Confession of a Killer, will be e-published in September.

Regards,

David Hendricks

www.authorhendricks.com

Justice for All

Just last week the news reported the resolution of a 32-year-old murder case. You may remember it as “the dingo’s got my baby” case.

In 1980 a young Australian family was vacationing in a remote area. Lindy and Michael were a God-fearing couple—devout Seventh Day Adventists—with two boys, ages seven and four, and a brand new baby girl. One night Lindy, returning to the tent, saw a wild Australian dog shaking her two-month-old baby in its mouth and running away. She screamed, “Michael, Michael, the dingo’s got my baby!” A massive search was mounted but the baby was never found. A week later, however, a bloody jump suit she had been wearing was discovered about 4,000 meters from the tent.

The rumor mill began pumping its bilge. The religious couple, seemingly a normal, loving family, was “sacrificing” their daughter. Her very name, “Azaria,” meant “sacrifice in the wilderness.” Lindy always dressed her in black. Their religion was a cult that killed infants as part of religious ceremonies. Lindy was a witch. Her demeanor was too cold, too unemotional. The family’s car was “awash in blood.” Azaria’s bloodied and torn clothing was found folded in a ceremonial manner. And on and on. Mindless piling on and, under the apparently universal notion that seeing a person down is a good and valid reason to kick them again, morbid dingo-dog jokes proliferated.

The police examined the case. Lindy was tried for murdering her daughter and, doomed by a world-famous “expert” and new blood evidence—both he and it would later be discredited—she was convicted and sentenced to “life in prison with hard labour.” She was pregnant and soon delivered the couple’s fourth child, a boy, who was taken from her and she was returned to prison. The High Court refused to hear her appeal. Lindy was finished.

Three years later an English tourist inadvertently gave his life for Lindy’s freedom. He did it by falling to his death while climbing in the area where Baby Azaria had been abducted. Searchers looking for his bones, which were thought to have been carried off by dingoes, came across Azaria’s jacket, the one Lindy had said she had been wearing, an idea the prosecutors had mocked. It was found in a dingo den. Lindy was released.

Since then Lindy has been a free woman—in the sense that she wasn’t in prison—but it took four coroner’s inquests over a 32-year period before Lindy was proffered an official apology and a correct death certificate for her then two-month-old baby, Azaria, who the day before would have turned 32.

One tweeter wrote, “Finally, justice was done.” That made me angry.

I thought of that mother of three, her horror in seeing her baby shaken in the grip of a wild dog’s teeth, her shame as newspapers ripped her dignity to shreds, her stabbing pain when comedians created laughter at her daughter’s expense, the degradation of people spitting on her in the courtroom, the finality of her conviction and denial of appeal, and her heartache after being thrown into prison for life and denied the company of her children—the two who remained and the one who was born there—and, when she was finally freed, the dull desperation of living with the knowledge that she was a national pariah.

Justice was done? After 32 years they may have stopped the bleeding, but justice for Lindy can never be done.

Thank you for reading my first monthly blog.

My book, Tom Henry: Confession of a Killer, will be e-published in September, with a paper version to follow shortly after.

Regards,

David Hendricks

www.authorhendricks.com