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

[Niner]

Tuesday, July 18th:
*Pretrial Conference Hearing (by video) (@ 1:35pm 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.
Trial was set to begin on 10/25/22 continued on 8/8/23. (Should last about 2 weeks) Trial moved out of Scott County to Linn County in Cedar Rapids.
Case & court info from 5/6/21 thru 11/15/22 reference post #869 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-44
11/17/22: Order for trial continuance-granted by Judge Henry W. Latham II. Pretrial conference rescheduled on 12/9/22. 11/18/22: Additional minutes of testimony Michael J. Walton. 12/8/22: Order setting hearing by video conference. Next pretrial hearing 7/18/23 @ 1:35pm, final pretrial conference on 8/2/23 @ 10:05am & trial set to begin on 8/8/23 @ 9:05am. 1/5/23: Appearance filed by Kelly G. Cunningham.
2/15/23: Motion to withdraw counsel filed by Jennifer J. Frese. Order-Approving withdrawal of counsel per Judge Henry W. Latham II. 4/5/23: Indigent defense claim form: $5441.60 attorney Frese.
4/20/23: Notice (D216) of intent to take depositions filed by Chad Frese. 4/21/23: Other Application (D217) for appointment of co-counsel filed by Frese. Exhibit proposed (D218) by Frese. Order (D219)-Appoint counsel at State expense by Judge Henry W. Latham II. 4/24/23: D220: Return of service on subpoena (Clinton County Sheriff's Dept.-Adams. 4/25/23: Other Application (D221) for transport order. (D222 thru D240): Return of Service on subpoenas for Clinton County Sheriffs-Dean; Scott County Sheriff-Zaehringer, Smith, Webb, Otterslatter, Mcmillian, Tienken, Peck, Hayes, Horne, Salzman, Fennern, Smith, Bishop, McBride, Saginor, Brillhart, Fentress & Kruse, Polk Co. Sheriff-Eroion, Sanger, McGeough, Nolan & McGlaughlin & Clinton County Sheriff-Brink. Other Order (D247): for transport. 4/26/23: (D248 thru D263): Return of Service on Subpoena-Scott County Sheriff-Grafton, Stocking, Sander, Gruenhagen, Heising, Burkle, Farra, Farley, Vance, Foster, Nahnybida & Cundiff & Clinton County Sheriff-Kenney, Owens & Farley & Scott County Sheriff-Nahnybida & Vance.
5/5/23: Motion (D265) for Order Nunc Pro Tunc filed by Frrese. Return of service on subpoena (D267 thru D266 -Jasper County Sheriff-Baker & Briscoe. Order (D268) for transport. 5/8/23: Return of Service on Subpoena (D270 & D269)-Story Co. Sheriff-Peters & Scott County Sheriff-Nahnybida. 5/8/23: Additional minutes of testimony (D271). 5/9/23: (D272Return of service-diligent search Scott County Sheriff-Negus. 5/10/23: (D273) Appearance Elizabeth M. O'Donnell. Return of service on subpoena (D275 thru D276) Scott Co Sheriff-Vance, Blanks & Story Co Sheriff-Peters.
6/6/23: Return of service on subpoena (D277). 6/21/23: (D278) Indigent defense claim form for $2,076.51 for Fitzgerland. 6/28/23 thru 7/11/23: (D279 to D283) Return of service on subpoena-Clinton County Sheriff's: Owens, Steward, Rabe, Dundiff & Wojciechowski. 7/12/23: Notice (D283) of intent to take depositions filed by Chad Frese. Other Application (D284) for transport order. Order (D286) for transportation. 7/14/23 (D301 thru D294) Return of service on subpoena-Jasper County Sheriff's office: Negua/warden, Webb, Fennern, Smith, Fentress, Brillhart, Saginor, Otterslatter, Bishop, Reynolds, Smith, Horne, Hayes, Tienken & McMillan.

 

[Niner]

Status hearing held for Henry Dinkins, man charged with killing 10-year-old Breasia Terrell

Status hearing held for Henry Dinkins, man charged with killing 10-year-old Breasia Terrell.

www.kwqc.com

July 19, 2023

DAVENPORT, Iowa (KWQC) - A status hearing was held for the man accused of kidnapping and killing 10-year-old Breasia Terrell in July 2020.

Tuesday, Henry Dinkins had a status hearing that was held remotely. According to court documents, that hearing covered witnesses and evidence that both sides plan to use during the trial which will be on Aug. 8 in Linn County.

The Scott County Attorney Kelly Cunningham says that they have 122 witnesses on their list right now.
[.....]
Cunningham talked about a couple of motions that she expects to file ahead on the trail regarding evidence. Those include:

• A witness who pulled Dinkins out of the mud in the area near where Breasia’s body was found died of a massive heart attack in June. She will file a motion seeking to use his testimony, he was deposed in May, at trial.
• When they did the cell phone download of Dinkins’ phone, there were internet searches related to “little girls of her demographic involving sexual behaviors.” She say she wants to introduce that evidence at trial.

[.....]
According to court documents, Dinkin’s trial is expected to last 20 days.

 

[Knox]

Ahead of the trial (8/8/23), both the prosecution and defense will meet to go over the motions each side has filed. That meeting is set for the Monday before the trial begins. Jury selection is to begin on Aug. 2. Overall, the entire trial is expected to take five weeks.

Trial of Henry Dinkins in death of Breasia Terrell expected to take 5 weeks

During a virtual hearing on Tuesday, the state said one of its key witnesses passed away in May. The trial is set to begin on Aug. 8 in Linn County.

www.wqad.com

 

[Niner]

Ahead of the trial (8/8/23), both the prosecution and defense will meet to go over the motions each side has filed. That meeting is set for the Monday before the trial begins. Jury selection is to begin on Aug. 2. Overall, the entire trial is expected to take five weeks.

Trial of Henry Dinkins in death of Breasia Terrell expected to take 5 weeks

During a virtual hearing on Tuesday, the state said one of its key witnesses passed away in May. The trial is set to begin on Aug. 8 in Linn County.

www.wqad.com

per the court site -

D0211 PRE-TRIAL CONFERENCE LATHAM II HENRY WILLIAM 12/08/2022 12/09/2022 12/09/2022
Comments: HEARING 07/18/2023 01:35 PM DIST.FINAL PRETRIAL CONFERENCES 08/02/2023 10:05 AM DIST. JURY TRIAL 08/08/2023 09:05 AM

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


They have pretrial conference on 8/2/23 & jury trial starting 8/8/23.

I can not access the article you posted - but you say jury selection is on 8/2? And a final pretrial hearing on this Monday, 7/24/23?

TIA!

 

[Niner]

FYI - his birthday - is on 8/2/23 - he will turn 51.

 

[Niner]

Prosecutors reveal new details about death of Breasia Terrell in pretrial motions

New Details: Pre-trial motions filed in Henry Dinkins, man charged with killing 10-year-old Breasia Terrell case.

www.kwqc.com

July 25, 2023

DAVENPORT, Iowa (KWQC) - More details have been released regarding the case against Henry Dinkins, the man accused of kidnapping and killing 10-year-old Breasia Terrell in July 2020.

Prosecutors filed two motions Friday and Saturday, mostly related to witness testimony and evidence in connection with the case.
[.....]
According to the motion, she said that she later saw him grab an item from the closet, but couldn’t see what it was. She added that Dinkins and Breasia left again after that.

According to court documents, Dinkins crashed his vehicle into a ditch on Highway 61 in Clinton County. Dinkins got help from a man who assisted him with getting the car out of the ditch, according to the motion.
[.....]
Also, according to court documents, Dinkins’s phone records show searches for child before Terrell’s death.

A hearing on these motions is Aug. 7 and the trial is set for Aug. 8 in Linn County.

 

[Niner]

Docket # Event Filed By Filed Create Date Last Updated Action Date
D0308 MOTION CUNNINGHAM KELLY G 07/24/2023 07/25/2023 07/25/2023
Comments: STATE'S MOTION FOR TELEVISED, VIDEOTAPED AND RECORDED
EVIDENCE OF MINOR DURING TRIAL

D0306 MOTION CUNNINGHAM KELLY G 07/22/2023 07/23/2023 07/23/2023
Comments: STATE'S MOTION TO INTRODUCE OTHER CRIMES, WRONGS OR ACTS
EVIDENCE PURSUANT TO IOWA RULE OF EVIDENCE 5.404(B)

D0307 MOTION CUNNINGHAM KELLY G 07/21/2023 07/23/2023 07/23/2023
Comments: STATE'S NOTICE OF INTENT TO INTRODUCE TESTIMONY OF DECEASED
WITNESS PURSUANT TO IOWA RULE OF EVIDENCE 5.804

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


I do not see the August 7 hearing mentioned in the article yet on the court site. I shall keep looking for it.

 

[Joe Friday]

Defense filed motions to oppose the states motions.

D0313	NOTICE	FRESE CHAD R	07/26/2023	07/27/2023	07/27/2023
	Comments: PURSUANT TO IOWA CODE SECTION 691.2
D0310	RESISTANCE	FRESE CHAD R	07/25/2023	07/26/2023	07/26/2023
	Comments: TO MOTION FOR CLOSED CIRCUIT
D0312	MOTION IN LIMINE	FRESE CHAD R	07/25/2023	07/26/2023	07/26/2023
D0309	DEFENDANT/RESPONDENT WITNESS	FRESE CHAD R	07/25/2023	07/26/2023	07/26/2023
D0311	MOTION TO SUPPRESS	FRESE CHAD R	07/25/2023	07/26/2023	07/26/2023

 

[Dhighsmith]

Docket # Event Filed By Filed Create Date Last Updated Action Date
D0308 MOTION CUNNINGHAM KELLY G 07/24/2023 07/25/2023 07/25/2023
Comments: STATE'S MOTION FOR TELEVISED, VIDEOTAPED AND RECORDED
EVIDENCE OF MINOR DURING TRIAL

D0306 MOTION CUNNINGHAM KELLY G 07/22/2023 07/23/2023 07/23/2023
Comments: STATE'S MOTION TO INTRODUCE OTHER CRIMES, WRONGS OR ACTS
EVIDENCE PURSUANT TO IOWA RULE OF EVIDENCE 5.404(B)

D0307 MOTION CUNNINGHAM KELLY G 07/21/2023 07/23/2023 07/23/2023
Comments: STATE'S NOTICE OF INTENT TO INTRODUCE TESTIMONY OF DECEASED
WITNESS PURSUANT TO IOWA RULE OF EVIDENCE 5.804

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


I do not see the August 7 hearing mentioned in the article yet on the court site. I shall keep looking for it.

I certainly hope that her brother is not required to testify in person, quite sure he’s experienced enough trauma.

 

[Knox]

“Me and my brother always have been close. We did everything together,” she said. “Henry’s always been an awesome brother – always been there for me. I’ve always been there for him. We’re like two peas in a pod.”

“Henry is not this monster that they portrayed him to be,” she said. “We all make mistakes in our life, and we all have good done good, bad and ugly.”

‘My brother is innocent,’ says sister of suspect in Breasia Terrell case

“I know that my brother is innocent.” The sister of a man accused of a terrible crime maintains his innocence. Henry Dinkins, 50, faces charges of murder and kidnapping in the death of 10-year-old …

www.ourquadcities.com

I feel for his sister, she's a victim of the monster too in a way. But she's WRONG, so very wrong about him. Whitewashing his life-long criminal behavior and the murder (and likely rape) of a ten year-old little girl, is unfathomable.

SEVEN more days and the trial begins!!

 

[Niner]

Wednesday, August 2nd:
*Final Pretrial Conference Hearing (@ 10:05am 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.
Trial set to begin on 8/8/23. (Should last about 2 weeks) Trial moved out of Scott County to Linn County in Cedar Rapids.
Case & court info from 5/6/21 thru 7/12/23 reference post #881 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-45
7/14/23 (D301 thru D294) Return of service on subpoena-Jasper County Sheriff's office: Negua/warden, Webb, Fennern, Smith, Fentress, Brillhart, Saginor, Otterslatter, Bishop, Reynolds, Smith, Horne, Hayes, Tienken & McMillan. Pretrial hearing on 7/18/23, final pretrial conference hearing on 8/2/23 @ 10:05am.
7/18/23 Update: Dinkins had a status hearing that was held remotely. According to court documents, that hearing covered witnesses & evidence that both sides plan to use during the trial which will be on Aug. 8 in Linn County. The Scott County Attorney Kelly Cunningham says that they have 122 witnesses on their list right now. Dinkin’s attorneys, Chad Freese & Joel Waters say their witness list contains about 75 percent of the witnesses already called on the state’s list. Cunningham talked about a couple of motions that she expects to file ahead on the trial regarding evidence. Those include: A witness who pulled Dinkins out of the mud in the area near where Breasia’s body was found died of a massive heart attack in June. She will file a motion seeking to use his testimony, he was deposed in May, at trial. When they did the cell phone download of Dinkins’ phone, there were internet searches related to “little girls of her demographic involving sexual behaviors.” She say she wants to introduce that evidence at trial. Cunningham also talked about other evidence like surveillance video that will be presented at the trial that shows where Dinkins was the night & day Breasia went missing. Additionally, Cunningham said of those 122 witnesses she is going to determine who really will be necessary to call at trial. According to court documents, Dinkin’s trial is expected to last 20 days. Next final pretrial conference hearing on 8/2/23 @ 10:05am & a hearing on these motions is 8/7/23.
7/23/23: Motion (D307) State's notice of intent to introduce testimony of deceased witness pursuant to Iowa Rule of Evidence 5.804. Motion (D308) State's Motion of introduce other crime, wrongs or acts evidence pursuant to Iowa Rule of Evidence 5.804. 7/25/23: Motion (D308) States Motion for televised, video taped & recorded evidence of minor during trial. 7/26/23: Motion (D322) to Suppress; (D309): defendant/respondent witness; Motion (D312) in Limine & Resistance (D310) to motion for closed circuit all filed by Chad R. Frese.

 

[Niner]

Docket # Event Filed By Filed Create Date Last Updated Action Date
D0324 RESISTANCE ODONNELL ELIZABETH MEGAN 08/02/2023 08/02/2023 08/02/2023
Comments: TO DEFENDANT'S MOTION TO SUPPRESS

D0323 MOTION CUNNINGHAM KELLY G 08/01/2023 08/02/2023 08/02/2023
Comments: STATE'S MOTON TO FILE UNDER SEAL STATE'S RESPONSE TO
DEFENDANT'S RESISTANCE TO THE INTRODUCTION OF 5.404(B)
EVIDENCE

D0322 MOTION FRESE CHAD R 08/01/2023 08/01/2023 08/01/2023
Comments: MOTION TO FILE UNDER SEAL

D0321 RESISTANCE FRESE CHAD R 08/01/2023 08/01/2023 08/01/2023
Comments: SUPPLEMENTAL RESISTANCE TO STATE'S MOTION TO INTRODUCE
EVIDENCE PURSUANT TO IOWA RULE OF EVIDENCE 5.404(B)

D0320 OTHER ORDER LATHAM II HENRY WILLIAM 08/01/2023 08/01/2023 08/01/2023
Comments: SETTING HEARING BY VIDEO CONFERENCE [I have motions hearing on 8/7/23 as the next hearing date]

D0319 PROPOSED JURY INSTRUCTIONS CUNNINGHAM KELLY G 07/28/2023 07/31/2023 07/31/2023
Comments: STATE'S PROPOSED JURY INSTRUCTIONS

D0318 ADDITIONAL MINUTES OF TESTIMONY CUNNINGHAM KELLY G 07/28/2023 07/31/2023 07/31/2023
Comments: ADDITIONAL MINUTES OF TESTIMONY

D0317 MOTION ODONNELL ELIZABETH MEGAN 07/28/2023 07/31/2023 07/31/2023
Comments: MOTION TO EXCLUDE DEFENSE WITNESSES

D0316 MOTION IN LIMINE ODONNELL ELIZABETH MEGAN 07/28/2023 07/31/2023 07/31/2023

D0315 OTHER ORDER SMITH MARK J 07/28/2023 07/28/2023 07/28/2023
Comments: ORDER GRANTING MOTION TO FILE UNDER SEAL

D0314 MOTION ODONNELL ELIZABETH MEGAN 07/28/2023 07/28/2023 07/28/2023
Comments: TO FILE UNDER SEAL

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

 

[Niner]

More filings in case of Davenport man accused of killing Breasia Terrell

The attorneys for Henry Dinkins: "There is no evidence of child 🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬 in this case."

siouxcityjournal.com

regarding the hearing the other day.

 

[Niner]

Monday, August 7th:
*Motions Hearing (@ am 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.
Trial set to begin on 8/8/23. (Should last about 2 weeks) Trial moved out of Scott County to Linn County in Cedar Rapids.
Case & court info from 5/6/21 thru 7/25/23 reference post #891 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-45
7/26/23: Motion (D322) to Suppress; (D309): defendant/respondent witness; Motion (D312) in Limine & Resistance (D310) to motion for closed circuit all filed by Chad R. Frese. Final pretrial conference hearing on 8/3/23 & motions hearing on 8/7/23. 7/28/23: Motion (D314) to file under seal by Elizabeth M. O'Donnell. Other Order (D315) Granting Motion to file under seal. Motion in Limine (D316) filed by O'Donnell. 7/31/23: Motion (D317) to exclude defense witnesses filed by O'Donnell. (D318): Additional minutes of testimony. State's Proposed jury instructions (D319).
8/1/23: Other Order (D320): Setting hearing by video conference on 8/7/23. Resistance (D321): Supplement resistance to State's Motion to introduce evidence pursuant to Iowa Rule of Evidence 5.404(B). Motion (D322) to filed under seal filed by Chad Frese. 8/2/23: Motion (D323) State's motion to file funder seal; State's response to defendant's resistance to the introduction of evidence. Resistance (#324): to defendants motion to suppress filed by O'Donnell. Judge denies motion to suppress.

 

[Joe Friday]

Hopefully jury selection will be fast and the trial can start tomorrow. It's been a long time coming.

Also hope some good reporters cover the trial and provides lots of updates as to what is taking place during the trial and not just a brief summary at the end of each day. Nothing worst than a reporter that tweets when a witness takes that stand and doesn't give any reports of what is going on.

JMO

 

[JerseyGirl]

State plans to call 90 witnesses for Dinkins trial: Court records

Prosecutors plan to call 90 witnesses during the trial of a man accused in the 2020 death of a 10-year-old Davenport girl, court records say. Breasia Terrell (photo submitted) Scott County Court do…

www.ourquadcities.com

 

[Niner]

Docket # Event Filed By Filed Create Date Last Updated Action Date
D0331 ORDER FOR TRANSPORTATION LATHAM II HENRY WILLIAM 08/07/2023 08/07/2023 08/07/2023

D0330 PROPOSED JURY INSTRUCTIONS ODONNELL ELIZABETH MEGAN 08/07/2023 08/07/2023 08/07/2023

D0328 EXHIBIT LIST CUNNINGHAM KELLY G 08/06/2023 08/06/2023 08/06/2023
Comments: STATE'S AMENDED PROPOSED EXHIBIT LIST

D0327 EXHIBIT LIST CUNNINGHAM KELLY G 08/06/2023 08/06/2023 08/06/2023
Comments: STATE'S PROPOSED EXHIBIT LIST

D0329 OTHER EVENT CUNNINGHAM KELLY G 08/06/2023 08/06/2023 08/06/2023
Comments: STATE'S WITNESS LIST

D0325 OTHER ORDER LATHAM II HENRY WILLIAM 08/04/2023 08/04/2023 08/04/2023
Comments: ORDER GRANTING MOTION TO FILE UNDER SEAL

D0326 MOTION CUNNINGHAM KELLY G 08/04/2023 08/04/2023 08/04/2023
Comments: STATE'S RESPONSE TO DEFENDANT'S RESISTANCE TO INTRODUCTION
OF OTHER CRIMES, WRONGS OR ACTS EVIDENCE

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

 

[Niner]

Tuesday, August 8th:
*Trial set to begin with Jury Selection (@ am 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.
Trial set to begin on 8/8/23. (Should last about 2 weeks) Trial moved out of Scott County to Linn County in Cedar Rapids.
Case & court info from 5/6/21 thru 7/31/23 reference post #894 here:
https://www.websleuths.com/forums/t...-davenport-10-july-2020-arrest.531556/page-45
8/1/23: Other Order (D320): Setting hearing by video conference on 8/7/23. Resistance (D321): Supplement resistance to State's Motion to introduce evidence pursuant to Iowa Rule of Evidence 5.404(B). Motion (D322) to filed under seal filed by Chad Frese. 8/2/23: Motion (D323) State's motion to file funder seal; State's response to defendant's resistance to the introduction of evidence. Resistance (#324): to defendants motion to suppress filed by O'Donnell. Judge denies motion to suppress.
8/4/23: Motion (D326): State's response to defendant's resistance to introduction of other crimes, wrongs or acts evidence. Other Order (D325): Order granting Motion to file under seal. 8/6/23: Other Event (D329): State's witness list. Exhibit List (D327 & 328): State's proposed exhibit list & State's amended proposed exhibit list. 8/7/23: Proposed Jury instructions (D330). Order for transportation (D331). 8/7/23 Update: Next trial set to begin on 8/8/23 with jury selection.

 

[JerseyGirl]

Man charged in death of Breasia Terrell opts for bench trial

Henry Dinkins, the man charged with the 2020 murder of 10-year-old Breasia Terrell, waived his right to a jury trial on Tuesday morning.

www.kcrg.com

 

[Joe Friday]

Dinkins has now requested a bench trail, the trial is now scheduled to start Thursday and will be moved back to Scott County since there will be no jury.

I'm surprised the judge even allowed this at the last minute. What a waste of everyone's time and the states money.

JMO