GUILTY IA - Breasia Terrell, 10, found deceased, Davenport, 10 July 2020 *arrest*

[momsof3]

Me too. Not why it's taking a week for the verdict to be read. Maybe one of the attorneys couldn't be available until then.

I'm not sure about Indiana specifically but often in a bench trial there is a written verdict, much like an opinion, which lays out all the facts and evidence that the judge used to arrive at the verdict. With a jury it is "guilty" or "not guilty" and unless jurors talk after the verdict there is no way to know the reasoning.

One issue with the written verdict is that it lays out reasoning that can be attacked on appeal (unlike a jury verdict). So I'm hoping that the judge wants an airtight, appeal-proof written verdict which would require carefully reviewing of evidence, research of applicable law plus some time to write. I'm happy to wait for that! Crossing my fingers from LWOP for this piece of $h*t.

MOO as an attorney who does not practice in Indiana.

 

[Joe Friday]

I'm not sure about Indiana specifically but often in a bench trial there is a written verdict, much like an opinion, which lays out all the facts and evidence that the judge used to arrive at the verdict. With a jury it is "guilty" or "not guilty" and unless jurors talk after the verdict there is no way to know the reasoning.

One issue with the written verdict is that it lays out reasoning that can be attacked on appeal (unlike a jury verdict). So I'm hoping that the judge wants an airtight, appeal-proof written verdict which would require carefully reviewing of evidence, research of applicable law plus some time to write. I'm happy to wait for that! Crossing my fingers from LWOP for this piece of $h*t.

MOO as an attorney who does not practice in Indiana.

I kind of got the impression that the judge had made his decision, come to a verdict, but the verdict wasn't going to be read until a week later for what ever reason.

 

[Niner]

Dinkins sends letter to judge claiming state did not share evidence; verdict expected Friday

Henry Earl Dinkins claims the Scott County Attorney withheld evidence from the defense during his trial for the 2020 kidnapping and murder of Breasia Terrell.

qconline.com

Sept 12, 2023

Henry Earl Dinkins claims the Scott County Attorney withheld evidence from the defense during his trial for the 2020 kidnapping and murder of Breasia Terrell.

He made that claim in a letter sent last week.

In a three-page letter to Latham dated Sept. 4, Dinkins claims "The state has used deception and sabotaged this whole case to fit their opinion of a theory."
[.....]
Dinkins doesn't cite the specific evidence he claimed was not provided to the defense. During the 13 days of testimony, Dinkins attorneys Chad Frese and Joel Waters never claimed evidence was not disclosed to them. During his closing argument, Frese did not raise the issue of the state's disclosure of evidence.


Copy of letter in article.

 

[Niner]

Docket update:

Docket # Event Filed By Filed Create Date Last Updated Action Date
D2215 EXHIBIT LATHAM II HENRY WILLIAM 09/11/2023 09/11/2023 09/11/2023

D2214 EXHIBIT - PROPOSED STATE OF IOWA 09/11/2023 09/11/2023 09/11/2023

D2213 OTHER EVENT DINKINS HENRY EARL 09/11/2023 09/11/2023 09/11/2023
Comments: LETTER FROM DEFT TO JUDGE LATHAM

D2212 OTHER ORDER LATHAM II HENRY WILLIAM 09/11/2023 09/11/2023 09/11/2023
Comments: REGARDING PRO SE LETTER

D2211 ORDER SETTING HEARING LATHAM II HENRY WILLIAM 09/06/2023 09/06/2023 09/06/2023
Comments: HEARING 09/15/2023 09:05 AM DIST.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

 

[Niner]

Friday, Sept. 15th:
*Bench Trial continues (Day 19)-VERDICT REACHED! (Day 5) (@ 9am ET) - IA - Breasia Terrell (10) (last seen E. 53rd & near Lorton Ave on July 10, 2020, Davenport; found March 22, 2021 by fishermen near 270th Ave in Dewitt in Clinton County. Id'd on March 31, 2021) - *Henry Earl Dinkins (48/now 51) arrested (5/5/21), charged (5/6/21) & arraigned (6/16/21) on 1st degree murder & 1st degree kidnapping. Plead not guilty. Held with no bond in the Clinton County jail.
Bench Trial began on 8/10/23 & ended on 8/29/23. State & defense rested on 8/29/23. Trial held in Scott County.
Case & court info from 5/6/21 thru 8/8/23 & Trial Day 1-17 (8/10-9/1/23) & Verdict Watch Day 1-3 (8/30-9/1/23) reference post #976 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-49
9/5/23 Tuesday, Trial Day 18 – Verdict Watch Day 4. Bench trial continues with Verdict Watch on 9/6/23.
9/6/23 Wednesday, Trial Day 19 – Verdict Watch has ended.
Judge Henry Latham to announce verdict on 9/15/23 @ 9:05am.
For more info see post #978 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-49

 

[imstilla.grandma]

Henry Dinkins looks on as Breasia Terrell's little brother testifies Monday.

“It’s like somebody done ripped the bandage off the little part that was healed because this is something that we can never heal completely over,” Shay Moore, Breasia’s cousin, said. “This is something I never wish on anybody else.”

Breasia’s family said they were hoping for a guilty verdict.

Dinkins faces a mandatory sentence of life in prison without parole.

Sentencing is set for Oct. 11.

Judge finds Iowa man guilty of kidnapping, murder in Breasia Terrell’s death

Henry Dinkins was found guilty of kidnapping and murder in 10-year-old Breasia Terrell's killing in 2020.

www.wkyt.com

 

[Joe Friday]

Very interesting to hear what the judge had to say in his decision. At first I thought Dinkins might be found not guilty, since the judge warned about anyone making out bursts in court would be removed from the court room.

It was apparent early on as the judge read his decision the verdict would be guilty after the judge said that Dinkins retrieved the gun he used to shoot Breasia from the closet in the apartment he shared with Andrea. (40:39 in the YouTube video) At that point Dinkins head drops like a rock as he knows he will be found guilty.

IMO if Dinkins had not gone back to the pond where Breasia remains were found and taken DL with him, he might have gotten away with it.

Dinkins got exactly what he deserves.

 

[Joe Friday]

Judges have feelings too.

Judge Latham was really shaken as he read his decision pertaining to the testimony given by Breasia's younger brother DL. In the video the judge pauses for nearly a minute as he regains his composure before he can continue to reads his decision. Click on the video to watch that part of video.

 

[Knox]

Good riddance!! I hope the FF is miserable in Prison for the rest of his life!!

 

[Niner]

Docket update:

Docket # Event Filed By Filed Create Date Last Updated Action Date
D2226 OTHER ORDER LATHAM II HENRY WILLIAM 10/05/2023 10/05/2023 10/05/2023
Comments: APPLICATION TO EXCEED FEE GUIDELINES GRANTED

D2225 OTHER APPLICATION FRESE CHAD R 10/05/2023 10/05/2023 10/05/2023
Comments: APPLICATION TO EXCEED FEE GUIDELINES

D2224 OTHER ORDER LATHAM II HENRY WILLIAM 10/03/2023 10/03/2023 10/03/2023
Comments: TO FIX EXPERT WITNESS FEE

D2223 OTHER APPLICATION CUNNINGHAM KELLY G 10/02/2023 10/02/2023 10/02/2023
Comments: APPLICATION TO FIX EXPERT WITNESS FEE

D2222 OTHER ORDER LATHAM II HENRY WILLIAM 10/02/2023 10/02/2023 10/02/2023
Comments: TO FIX EXPERT WITNESS FEE.

D2221 OTHER APPLICATION CUNNINGHAM KELLY G 10/02/2023 10/02/2023 10/02/2023
Comments: APPLICATION TO FIX EXPERT WITNESS FEE

D2220 PRE SENTENCE INVESTIGATION REPORT PSI DEPARTMENT OF CORRECTIONS CENTRAL OFFICE 09/26/2023 09/26/2023 09/26/2023

D2216 OTHER ORDER LATHAM II HENRY WILLIAM 09/15/2023 09/15/2023 09/15/2023
Comments: ON INCARCERATION STATUS

D2218 OTHER ORDER LATHAM II HENRY WILLIAM 09/15/2023 09/18/2023 09/18/2023
Comments: FINDINGS OF FACT, CONCLUSIONS OF LAW AND VERDICT

D2219 ORDER FOR PSI LATHAM II HENRY WILLIAM 09/15/2023 09/18/2023 09/18/2023

D2217 COURT REPORTER MEMORANDUM AND CERTIFICATE - WITH FEE LATHAM II HENRY WILLIAM 09/15/2023 09/15/2023 09/15/2023
Comments: VERDICT; BROWN; LATHAM; 09/15/2023

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

 

[Niner]

Wednesday, Oct. 11th:
*Bench Trial continues (Day 19)-Sentencing Hearing (Day 5) (@ 9am ET) - IA - Breasia Terrell (10) (last seen E. 53rd & near Lorton Ave on July 10, 2020, Davenport; found March 22, 2021 by fishermen near 270th Ave in Dewitt in Clinton County. Id'd on March 31, 2021) - *Henry Earl Dinkins (48/now 51) arrested (5/5/21), charged (5/6/21) & arraigned (6/16/21) on 1st degree murder & 1st degree kidnapping. Plead not guilty. Held with no bond in the Clinton County jail.
Bench Trial began on 8/10/23 & ended on 8/29/23. State & defense rested on 8/29/23. Trial held in Scott County.
Case & court info from 5/6/21 thru 8/8/23 & Trial Day 1-17 (8/10-9/1/23) & Verdict Watch Day 1-5 (8/30-9/6/23) reference post #985 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-50
Judge Henry Latham to announce verdict on 9/15/23 @ 9:05am.
9/15/23 Update: Judge Henry Latham has found Dinkins guilty of kidnapping & murder in the killing of 10-year-old Breasia. Dinkins faces a mandatory sentence of life in prison without parole. Sentencing is set for 10/11/23.
For more info see post #986 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-50
9/15/23: (D2219) Order for PSI; findings of fact, conclusions of law & verdict. (D2218) Other Order: on incarceration status. (#2220) Pre sentence investigation report PSI; Dept. of Corrections Central Office.
10/2/23: (D2221, D2222, D2223) Other application: to fix expert witness fee. 10/3/23: (D2224) Other Order: Application to exceed fee guidelines. 10/5/23: (D2225 & D2226) Application to exceed fee guidelines-granted.

 

[Niner]

Iowa man sentenced to life without parole for killing 10-year-old Breasia Terrell

A judge gave Henry Dinkins two life sentences Wednesday — one for murdering Breasia Terrell, the other for kidnapping the 10-year-old.

www.kcci.com

Oct. 11, 2023

DAVENPORT, Iowa (AP) —
The Iowa man convicted of murdering 10-year-old Breasia Terrell will spend the rest of his life in prison without the possibility of parole.

A judge on Sept. 15 found Henry Earl Dinkins, 51, guilty of first-degree murder and kidnapping in the death of Terrell, whose disappearance July 10, 2020, led to huge searches by dozens of volunteers and numerous law enforcement agencies. Fishermen found her body in March 2021 in a rural area north of Davenport.
[.....]
He was sentenced to two life sentences without the possibility of parole on Wednesday, one for the murder charge and the other for kidnapping.

 

[Niner]

and from the court site

Docket update:

Docket # Event Filed By Filed Create Date Last Updated Action Date
D2230 ORDER OF DISPOSITION LATHAM II HENRY WILLIAM 10/11/2023 10/11/2023 10/11/2023
Comments: GUILTY BY COURT. ATP AMOUNT $0.00

D2229 COURT REPORTER MEMORANDUM AND CERTIFICATE - WITH FEE LATHAM II HENRY WILLIAM 10/11/2023 10/11/2023 10/11/2023
Comments: SENTENCING; 10/11/23; KIMBERLY BROWN; LATHAM

D2228 OTHER ORDER LATHAM II HENRY WILLIAM 10/11/2023 10/11/2023 10/11/2023
Comments: ON INCARCERATION STATUS

D2227 MOTION CUNNINGHAM KELLY G 10/11/2023 10/11/2023 10/11/2023
Comments: STATE'S MOTION FOR REIMBURSEMENT OF VICTIM RESTITUTION PAID
BY CRIME VICTIM COMPENSATION PROGRAM


link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

 

[Joe Friday]

 

[Joe Friday]

Highly doubt Dinkin's would have any chance of getting his conviction overturned on appeal, but I'm sure he will try after listening to the speak he gave at his sentencing hearing.


Worst part is the state has to provide him with an attorney at the states expense for purpose of an appeal.

I wonder what happened to the $5000.00 in cash that was found in the Camero when it was searched. Likely didn't go towards his defense fund.

During Dinkin's sentencing speak he spoke of counting out $2000.00 on his bed with his son DL and being proud of him for being a "fast learner" Teaching your kid to count drug money. What a dad.

JMO

 

[airportwoman]

In the unlikely event that HD ever gets out for this, he's got additional charges now. >500 grams of meth is going to carry a long sentence on top of this. He's right where he belongs.

Henry Dinkins pleads guilty in federal meth case

Convicted murderer Henry Dinkins plead guilty Wednesday to old drug charges. In October, Dinkins was sentenced to two life sentences for the murder and kidnapping of 10-year-old Breasia Terrell.

www.kwqc.com

 

[Joe Friday]

That's good. It saved the tax payers a lot of money, which he has already cost us enough. I see his court appointed attorneys submitted their final bills for their service and expenses totaling $88,142 on top of what they have already collected and the state has had to pay to bring him to trial on just the murder and kidnapping case. Can't imagine how much he has cost the tax payers over his lengthy criminal career and is still costing sitting in prison. On the court site I don't see where Dinkin's has filed an appeal for the murder and kidnapping convictions. Don't know how long he has to do that, hopefully he is not considering it.

In his narcissistic mind he probably thinks he got away with something having some of the federal charges dropped with the plea deal.

I guess he will be moved to a federal penitentiary now since this is a federal case. Maybe that was his goal.

JMO

 

[Nina Michigan]

I did an episode about her case.

Because of my work as a missing persons advocate, I followed her case closely as it unfolded.

Tragic.

https://sites.libsyn.com/84981/site/breasia-terrell

 

[imstilla.grandma]

Henry Earl Dinkins, 51, was found guilty for Breasia Terrell's death in September. Terrell was missing from July 10, 2020, to March 22, 2021, when fishermen found her remains in a pond north of Davenport.

Dinkins was given two life sentences without the possibility of parole.

Now, according to a news release from the United States Attorney's Office in the Southern District of Iowa, Dinkins will consecutively serve an additional 120 months for conspiracy to distribute 500 grams or more of methamphetamine.

Iowa man convicted in Breasia Terrell's death receives additional sentence for meth

Henry Dinkins, who received two life sentences for the murder and kidnapping of a 10-year-old girl, gets an additional prison sentence.

www.desmoinesregister.com