The U.S. Department of Justice has confirmed that it is talking with attorneys for convicted murderer Jens Soering and the nation of Germany about transferring him out of a Virginia prison, Sen. Steve Newman, R-Lynchburg, said Friday.
The talks began after former Gov. Timothy M. Kaine sent the Justice Department a letter asking that the killer of Bedford County residents Derek and Nancy Haysom be moved to a prison in his native Germany, where he could be paroled in two years.
Kaine made the request during his final week in office.
Gov. Bob McDonnell sent the Justice Department a letter the next week saying that he was revoking Kaine’s request.
Legal arguments are focusing on whether authority exists for McDonnell to revoke Kaine’s request, Newman said.
Newman said a letter from the Justice Department acknowledges that it does not have the authority to send Soering to Germany without the support of Virginia’s governor.
“Without the consent of the state in which a state transfer application is incarcerated, the Department of Justice will not consider the application for a state inmate for a transfer to his home country,” the letter said, according to Newman.
Attorneys for Germany are arguing that Kaine’s request should prevail over McDonnell’s revocation of it.
“The Embassy of Germany and attorneys for Mr. Soering have argued to the Department that a new governor cannot revoke the consent of his predecessor,” Newman said.
If the Justice Department decides in favor of Germany, Newman said, “I feel certain that this matter will go to Federal District Court.”
The General Assembly approved a resolution sponsored by Newman that opposed the Soering transfer.
Letters from Haysom family members and Bedford County law enforcement officials also opposed the transfer.
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