Henry Dinkins Speaks at Sentencing — Sleepover Kidnapping Murder Trial

[00:00:00] Speaker 1: We're here in the matter of state of Iowa versus Henry E. Dinkins, case number FECR 415636. Mr. Dinkins appears personally and is represented by his attorneys, Mr. Freese and Mr. Waters. The state of Iowa today is represented by county attorney Kelly Cunningham and assistant county attorney Liz O'Donnell. Before we proceed with the sentencing, there is a matter I'd like to address on a couple matters. I want to commend everyone once again for how they've conducted themselves during the course of this trial. You've acted very professional and very respectful for the court proceedings, and I would ask that that continue today. That's exactly what I expect. Second of all, as I was preparing for this sentencing today, the court noted that in my sentencing order that I did cite an indirect code section as it relates to count one. And I'm going to correct that at this time. That code section will be 707.2 paren 1 paren A. And that's the order of the court will be amended to reflect the same. The court file reflects that on September 15th of 2023, this court found the defendant guilty under count one of murder in the first degree in violation of Iowa code section 707.2 paren 1 paren A. The court at that time did order that a pre-sentence investigation report be prepared, and this matter was continued until today's date and time for sentencing. Mr. Freese, have you had the opportunity to review that pre-sentence investigation, report yourself, and also review that with your client? [00:02:13] Henry E. Dinkins: Yes, Your Honor. [00:02:14] Speaker 1: Are there any additions or corrections to be made? [00:02:16] Henry E. Dinkins: No. [00:02:19] Speaker 1: And Ms. Cunningham, have you had the same opportunity? [00:02:22] Kelly Cunningham: Yes, Your Honor. [00:02:23] Speaker 1: And are there any additions or corrections? [00:02:26] Kelly Cunningham: No, Your Honor. [00:02:26] Speaker 1: And Mr. Freese, are there any motions at this time pending or any other reason why I should not proceed with sentencing at this time? [00:02:34] Henry E. Dinkins: There are not, Your Honor. [00:02:35] Speaker 1: Thank you. Ms. Cunningham, do you have anything to present in regards to sentencing in this matter on behalf of the state? [00:02:43] Kelly Cunningham: Yes, Your Honor. The state has a sentencing recommendation. In addition, there are a couple of issues that I'd like to address related to victim restitution, and then we also have Aisha Lankford present, the mother of Reyesha Terrell, who has a statement that she would like to make at the conclusion of this matter. [00:03:01] Speaker 1: Thank you. [00:03:02] Kelly Cunningham: All right. Your Honor, relative to the court's finding of guilt on count one to the charge of murder in the first degree, the state recommends that Mr. Dinkins be committed to the Director of Adult Corrections for an indeterminate, well, for... essentially life without parole. It's very sad. I mean, it's extremely sad. And you consider those circumstances, but then we stop and consider the circumstances involving Mr. Dinkins, particularly as it relates to his relationship with Aisha Lankford, his relationship with Reyesha Terrell, and even the fact that his youngest son was the brother of Reyesha. Mr. Dinkins? Mr. Dinkins took advantage of a situation that no mother could have conceived would have happened. You have a mother who is having that chance at contact with him at a convenience store to have a discussion with Mr. Dinkins about the importance of spending time with his son and being a father. That's a conversation that any mother would have. And certainly a mother encouraging a father to spend time with his son is something that we see happening in a world where we want there to be those healthy relationships. You've got that scenario, and then we stop and consider the relationship of Reyesha to Mr. Dinkins' son. As Aisha Lankford talked about, the two children were very close to one another and essentially were attached at the hip. And so with Mr. Dinkins' son going to spend time with him and the child wanting his sister to be there with him, a mother who is encouraging a father to spend time with his child and recognizing that in order to facilitate that, even though there hadn't been permission given for Reyesha to go, but then finding out after the fact that when she's gotten off work, that very circumstance has arisen. And then for Mr. Dinkins to take that and remove Breyesha from the apartment in the middle of the night and then ultimately we find that that child's been brutally murdered with her having been shot in the face on the side of the job and having been shot twice in the front of her chest and traveling to the back. The state can't even begin to conceive what that 10-year-old child was thinking as she was standing there and Mr. Dinkins presented that gun and fired and killed that child. And then you take that and you stop and consider that this family is forced to live a nightmare that they could have never conceived of. And it's not a nightmare that comes to an end. Ms. Lankford, her son, her youngest son, her oldest son, they're going to live with the repercussions of this for the rest of their life. Quite honestly, when you stop and consider Mr. Dinkins' son, he was an eight-year-old child. And how do you take a child of eight who is at a stage in their life where children are innocent and then that child is taken by his father after Breyesha has been shot and killed and essentially been a companion with him and forced to go with his father as his father took steps to cover up his crime. And it's changed, that child. The youngest boy, he's had struggles ever since. The child's completely derailed, Your Honor, and he's acting out. One of the things that I've had discussions with the child about, and certainly this is something that Miss Lankford has pursued, is the issue of getting the child into counseling. But the problem is the child's fighting that because the child doesn't want to talk about the issue. He doesn't want to talk about the issue because it hurts too much. And so now we have an 11-year-old who has no concept of the value of talking out and through something that's so painful. And he's living with that pain. And what it's doing is it's created a scenario where this child is not healing. Instead, he is angry and he's fighting the world. And you have a mother who has lost her daughter who has been brutally murdered. And now the mother, not only in dealing with the stress of that, now is in the position that she's fighting for the life of her youngest child. Worrying about where that child is going to end up because he can't resolve trauma that he's gone. And I think, you know, considering all those variables, while they are life sentences without parole, I think that this is a situation where the state is going to recommend consecutive sentencing. Because the dynamics and what has happened deserves consecutive sentencing. And so that's going to be the state's recommendation. Beyond that, Your Honor, I would note that pursuant to the provisions of Iowa Code Section 910.3 Capital B, Mr. Dinkins is required to pay $150,000 in victim restitution to the heirs of Breasia Terrell. Aisha Langford, being her mother, would obviously be one of those heirs. Breasia's father is deceased. And so I think under the rules of intestate succession, Aisha Langford would be the heir, pursuant to what we would consider under our probate law. So I would identify that for the record. Additionally, Your Honor, there had been a claim submitted by Ms. Langford to the Crime Victim Assistance Program for loss of wages and then also for crime-related travel expenses. The Crime Victim Assistance Program did in fact pay out a claim of $6,055.25. So the state is asking for the payment of that restitution by Mr. Dinkins to the Crime Victim Assistance Program. As far as burial expenses, we don't know what that figure is yet. At the time of this trial, well actually at the time that the state was preparing for trial. And I had been meeting with the pathologist to prepare her for her testimony. We had discussions. Breasia's little body is still in the custody of the Iowa State Medical Examiner's Office. And so as a part of that discussion, I indicated that once the sentencing was done, I would then contact the State Medical Examiner's Office and ask for the release of the body. Once we finish this particular proceeding, I will make that call and then that will afford the family the opportunity to finally put Breasia to rest. So there will be an additional motion filed by the state setting that matter for a victim restitution hearing as we will be seeking those burial expenses. Beyond that, Your Honor, one other issue that I need to talk about. There has been a change in procedure relative to the payment of travel time and even payment of time for victims who have come and testified in trial. It used to be that where a witness was called to testify, we could turn in the subpoena. We could identify if they were there for a half day or a day and then put mileage on the subpoena. We've been advised by the clerk's office with the changes that have occurred. First of all, the court has to make a determination that Mr. Dinkins is indigent. I know that defense counsel has filed various motions identifying Mr. Dinkins as being indigent. And if the court does make that finding that he is indigent, then the state has a claim for payment of non-expert witness fees that would apply to Deputy Adam Wojciechowski. He was from the Clinton area and so he had to travel and we've got the travel expenses and the witness fee there. That would be for $111. It would be for Matt Dean. He was one of our three fishermen from the Clinton area and so there would be a total of $100 for witness fees and mileage traveled. For Brendan Rogge, again, one of our fishermen, he would have a witness fee and mileage for $62. For Eric Johnson, again, the third of our three fishermen from Clinton, he would have a total of $90 owed in witness fees and miles traveled. And then Jim Peters, who was our canine expert, there would be a total of $416 owed for miles traveled because he lives some distance from here. And we're including within that not only the miles traveled when he came for trial but also for purposes of his deposition testimony and witness fee. So that would be a total of $416. And then finally for Jesse Dow, a total of $62. And again, he was one of the fishermen. Actually, yeah. So he was one of our fishermen. Brendan Rogge. Let me just go back and look. No, Matt Dean. Matt Dean, I'm sorry. He was not one of the fishermen. He was one of the individuals that had been incarcerated with Mr. Dinkins. And so that would be all on behalf of the state other than Miss Lankford, who would like to be able to give a witness statement when the time is appropriate, Your Honor. Thank you. [00:12:34] Speaker 1: Mr. Freese, on behalf of the defendant. [00:12:37] Henry E. Dinkins: Your Honor, on behalf of Mr. Dinkins, we would recommend that any sentence the court imposes here be run concurrently instead of consecutively. Understanding the court has very little, almost no discretion here. Our argument, first of all, is legal in nature. The court in its ruling and its findings of fact, finding Mr. Dinkins guilty under the kidnapping element, found that necessarily Mr. Dinkins had to cause Breasia Terrell's death to satisfy the serious injury element of the kidnapping in the first degree. Under that analysis, we would submit to the court that the kidnapping and the murder would merge into essentially one conviction because it would require the murder of Breasia Terrell to satisfy that third element of kidnapping in the first degree. So the court should only sentence him to a single term of imprisonment. Even if it is not a legal issue, it certainly is a fact issue. Mr. Dinkins is going to prison for the rest of his life today. He has one life to give. That's all he has to give. Anything more than that is symbolic. That's it. This crime, as the court has set out in its findings of fact and the court heard for several, several days, to find Mr. Dinkins guilty, all these facts were contemporaneous as to time, as to date, as to location, as to whatever the motive was. Those are all part and parcel of the same scheme, plan, whatever. We would submit that under that analysis, and that's part of the analysis the court has to consider when it's sentencing someone, that this should be a concurrent sentence instead of a consecutive sentence. This sentence is, like I said, non-discretionary. It's told to us by the legislature that it's one of those crimes or two of those crimes that when they occur, that they check all the boxes that we take away someone's liberty for the rest of their life. This is the worst sentence you can get in Iowa. So we would ask the court to sentence him to two life terms, run them concurrent. As far as the restitution, Mr. Dinkins, of course, has to pay restitution. We just received the motion on the crime victim assistance today. Haven't had much of a chance to review that. What I'd suggest is that we hold that open until they file their other request and then give us a period of time to object. If we don't object, that would be entered without further order. And that's all I have to say, Your Honor. Thank you. [00:15:22] Speaker 1: Ms. Cunningham, do you wish to address the argument of merger? [00:15:28] Kelly Cunningham: Your Honor, I'm comfortable with the suggestion that's been made by counsel relative to the issue of victim restitution. [00:15:35] Speaker 1: Thank you. Mr. Dinkins, this is your opportunity to address me and tell me what you would like me to know before I pronounce sentence in this case. [00:15:48] Speaker 4: What are you supposed to do when you're told you can't even speak in court, especially when you see and know something ain't right? Logistically, it's like having a gag order which prevents you from addressing the court with any of the issues. What if your issues are with the judge, the prosecutor or the attorney? You are not allowed to put anything on record at any time of these of these issues during the court proceedings unless it's asked the question of the judge, the prosecutor or your attorney. What happened to the rights of freedom of speech if a person addressed the matter to the court in the proper proceedings? Even if it's in the same spectrum as if your attorney or your prosecutor are addressing the courts or any issues. Your Honor, may I speak to the courts? There are so many various issues people might have at different times of the court proceedings. I believe these issues could be. I mean, I believe if these issues could be resolved between client and counsel, then there wouldn't be a problem. But that's not always the case. I'm only going to speak right now because this is my only opportunity to address the court during the closing of this trial, which is kind of too late for me. Even if you do ask your attorney to ask certain questions, sometimes things don't get done. I have a speech that I would like to address the courts with if the judge allowed me the opportunity to say the following. Let me address the facts about everything regarding my case. First, I want to know if I can quote case numbers or just saying the same either or would be fine to me. Where is the justice in the judicial system? And how do you be the system that is against you? That's not playing fair. When I was in Clinton County jail, I remember two detectives coming to charge me with this case. I remember the female detective saying we're going to make you look like a monster when this is over. That statement was made during my initial report. Who is they? That's the million dollar question that will arise a little later further in this reading. I'm only going to speak facts. To be honest, I was already found guilty before this case and trial already began. I can see it as racial profiling behind my background. I'm saying this because how everything played out from the beginning all the way up to now. I contemplated over the moves that the state used to hinder my care to fit their benefits. First, they blast my name widespread coverage negatively nonstop on the news, in the papers, and all over social media, and even on posters. This made me vulnerable towards animosity towards the public and guaranteed people to have a bad image of me in their thoughts. So if I chose a jury trial, this pretty much polluted their thoughts about the type of person they wanted to image me as. And all this went global for their support. Now I'm guaranteed not to get a fair jury selection for trial. And even if I chose a bench trial, it would be sealed with a guilty verdict. So where is the equal liberty and justice in the system when you're being railroaded? By those, by the police, the detectives, and others working hand in hand. It really don't take no rocket scientists to see through this magnetic picture. Through these series of events, I know I've been railroaded. So either way, the state had the odds in their favor. The state produced 900 exhibits offered into evidence. I can honestly say I only received, I can honestly say I've only seen 35 exhibits before this trial. But I was given 665 exhibits during trial to have for my records. I never had the opportunity to look over 90% of any of this preparation for trial. But this includes footages as well. So where is, so this is what the courts have to offer me. All this, all this was new to me during trial. But I believe the 700 exhibits offered was a shortcut. What was the shortcut? I believe there are others that the state didn't provide a loud, allowing a definitive preparation for trial by deception or once it given by deception. So once again, where is the equal injustice in the judicial system when you're told you can't speak? Especially when you see the state ain't playing fair. I do remember being transferred from Davenport to Clinton County Jail behind the bad publicized coverage. I remember a couple things taking place while I was being there. First, I asked for a change of venue behind the negative news. I also made the comment, man, they're never going to find it because it's been quite some time. As the time progressed, that even made it even slimmer. I also made, I also was going to represent myself because the, all the, all the attorneys that the state was providing wasn't doing nothing in my case. So I just wasn't about to do nothing as well. So I at least was going to try to attempt to go to pro, at least try to attempt pro se. When I seen the judge, he made the comment saying, I have no problem opposing this time on you. You need to reconsider your, your decision because you're facing some real serious charges. When I seen the look in the judge's eyes, I knew then I had to get a jury trial. But through the news press, but through the news coverage and the news confirming this vid. With the high profile in this murder case. So my chances of winning even with a jury trial was slim, even with slim and even if, and if you don't have the right attorney is even slimmer. I was told by a birdie that if you have this case heard or in any remote area where this is being televised, you would be found guilty. And this was by the state's own officials that uphold the laws. So once again, where's the equal liberty and justice box for the system for all? This racism that I'm, that this racism do run deep in this, in the Iowa system for people of color, which I'm only, which I'm not only talking blacks. I know whites also have the same problem as well. But I'm, but it's more common for the people, for, for men of color. This, but the profile racism that I'm dealing with is behind my background. And almost 75% of their news coverage, they mentioned my background or something in regards of that nature. If I didn't have that, I wouldn't have never got charged. When I was in Marshall Marshall County before this trial began, here they go again, sliding negative news coverage of my background a week or so before my jury selection was about to begin. I said something to my attorney, which all he said was nothing. There's nothing we can do about that. I made my mind up that if we're, if they're not going to play fair and I can't get a fair jury selection, I should just take my case back to Davenport. Once I was transferred to Cedar Rapids County jail. Before my trial, the day of my trial, here they was again, mentioning my name on the news again. I really don't know a lot about the laws, but I know enough when I see a lot of my constitutional rights being violated. From the beginning up to now. Through this racial profile, the state and others have shown ambiguous behaviors that sought constantly through these drawn lines. But what can you do when you're told you're not allowed to speak? I can only play with what's provided by the courts and the state's rules. Me and my family tried to contact my attorney on several different occasions, which I was told that he was working on other on the other client's case to you. Judge Layton, Judge Layton, Judge Layton, you handpicked my attorney. I went through three different attorneys, but the handpicked one was my last option. I'm not going to bash my county, my counsel, because I know he personally did more, more than the Davenport public pretenders. But I know he overlooked some, some things in my case. I'm not quite understanding how I wasn't given 665 exhibits or seeing any footage just before this trial. He did make me believe I was, he was going to raise these issues, but I'd never seen nothing come forward. I've asked several time, but was told you have nothing to worry about. I was being bamboozled by the blind side while nothing was being introduced or brought to the surface. I really don't know if this would have made it different because the judge was just looking for any reasons to get this verdict. I can truly say after hearing the judge's remark and while I was in Clinton and in Cedar, the judge demeanor spoke real clear to me of the courts, which made me realize that I never had a chance to win from the beginning. So once again, where is the justice in the judicial system when you're, when you see the judge in his own personal emotion, then he, then you hear the judge say that everything you, everything you made, everything made against you. He find credible. Didn't tell you everything you said is a lot. And untruthful. Even when they know, you know, they lied. I do understand the power of the pen, especially when the power of authority is being abused behind watchful series. I do wish situations were different, but the state has played dirty when they know they didn't have anything on me while I was their easiest target, easiest target behind my background. I would have to say this is overwhelming, but I have to stay focused and grounded. I have more hurdles that I have to jump through, but I have to take things one step at a time. For those who believe this fight is over. Guess what? Through my resilience, you will see me at the next, the next checkpoint. God willing, my main focus is getting back home. But where's home after all this? Where is home? But right now I have to stay focused on, on what's, what's more important. I'm only able to play with what's provided by the, by help, by help from those who are watchful series as well. I know the court has played unfair towards me. I played this scenario numerous times in my head, trying to figure this out, but I keep coming up with the same answer. You never had a chance from the beginning. So I say this to you, Judge Layton. What if you would have found me, what if you wouldn't have never found me guilty and found me innocent? What would have been the outcome of your, the outcome from their perspective? Everybody have to report to somebody, but God is the ultimate, the ultimate, but God is the final ultimate judge. I do forgive those who made past judgment to get against me unknowingly. Never once have the courts asked me about anything of the clothing or the shoes or, or during any of these allegations. I honestly believe that these items are not important, but it was just giving the state more ammunition to point a finger negativity towards me. Just like me not opening Andrea's door with my key to allow the police to walk into her residence. I don't have them rights for that. I don't pay no bills at her apartment to allow anyone access to her place. I didn't give no approval for her place for that. I didn't give no approval for a place. That's not my place of authority to do on the fitted on the footage. I told him I checked and he said, let's check. Then lied and said, I told Andrea and then he lied and said, I, I said he was, it was okay for him to go into Andrea's house. But I will have to say the video do speak for itself. I will have to say there was one person's statement that was consistent from the initial report to deposition to trial. And that was Miss Gardner, Aisha's mom. I do recall talking to, I do recall her talking to Aisha before I left with the kids or I wouldn't have never left with either kid. I'm still stumped about 900 exhibits plus and I'm saying plus because I've only received 700. And the state knows that the ones that would have set me free, they use deception and sabotage. But made a mistake by giving me 650, 665 exhibits going trial to go through into cipher through after trial. I know I was given 665 because I counted in which I've already had 35 before this trial and which was given, which, which gives me 700 in total, except for the ones I gave my attorney. When the state moved them, move them exhibits to move, to move things in the mobile to fit their exhibits. I saw, I need that letter back chat. If you don't mind the one that I gave you, uh, pertaining to Aisha. If I had 120 footage, 120 footage of video with 80% showing nothing, I can make a story up about any vehicle or, or make anything appear where I want it to be. Especially if I, if I'm able to take what I want to produce and the rest of it. I want to produce the rest where nothing else is being presented, but what I want the world to see. I know that they didn't give, uh, my attorney that information as well. I'm the one who said that I went to the quick shot, which was used against me. I'm the one who said that me and my son stopped by the mobile, which was used against me. If I would have got on the stand, you would have probably found a reason to use that against me as well. The only reason why you didn't use my son's statements saying he seen me kill his sister. It would have made every lie truth. It would have made everybody lies untruthful, which you couldn't have that. So I say once again, where is the justice and equal liberty in the system? Why wasn't Andrea's initial statement video play? They played minds, they played Aisha's, they played DL's and they played Jared's. I know the state and I know in the state know that Andrea's initial video recording says something totally different. That's why he didn't show them contents or produce that video, which I'm not quite understanding why my counselor didn't bring that forward as well. I'm not even, I'm not even sure if he even had that information because I've never seen any footages, but what the public saw during trial. I can speak for days about what happened, but since my attorney didn't bring up any issues on motion, what are my chances now? Even check, even Jared's statement are twisted up. But like I said, anything the court can use to find his verdict guilty. There it is right there in the eyes of the public, racial, racial profiling. When I was given, when I was giving them exhibits, I wrote the court. I wrote the court during this trial saying with urgent attention, quoting case documents law from the Iowa law book of Iowa rules of criminal proceeding. Stating the fault I stating the following item and his reason. But once again, it was overlooked by saying, I'm going to give both parties that information. You have to talk with your attorney. I know I'm not allowed to put case numbers, but I sent the stating of the following following items of evidence and possession or control are necessary for preparation for the defendant to inspect copies, photos, photos, or exhibits that the state intend to offer into evidence at trial or belonging to defendant. From the law from the law book, I sent consequences of failure to make disclosure of discovery failure to disclose supplements or of early responders to do. To admit failure to disclose or supplement. If a party fails to provide information or identify a witness as required by the rule 1.5. The party is not allowed to use that information or witness to supply evidence on a motion or at a hearing or at a trial. Unless the failure was substantially justified or harmless. It also says if in disclosure of expert testimony, if a party must disclose to the other party, the other party of any witness. The party may use that trial to present evidence under rules of evidence saying any exhibits that will be used to summarize or support the opinion. I also sent grounds for vacating the modifying judgment and material evidence newly discovered which could not be reasonably diligently have been discovered and produced at trial with official comments and accurate 1943 federal practice. I'm only able to do what I can just to be rejected or overlooked once again by everybody. When you ask your counsel when when will certain things be brought up and he tells you do other witness but. But. But it's misleading of your of your counseling, you know, when he knows that the state is going to rest and there is no more witness to raise the issue. But he tells you different, but you but you are not allowed to speak on trial. My dearest son, you know, I love you with all my heart. I know everybody distorted your thoughts where you're trying to figure things out in your own head. I'm sorry that you have to deal with all this abuse from those who made you lie about all these stories. I know you remember me, you and Bree counting money on the mattress up to $2,000. I was so proud of you because he was a fast learner. I know you are mad because you believe I lost your sister. But guess what? Your dad ain't mad at you behind the lies. I love you more than the lies. I, I know one day you will tell the truth. But even if you don't, I'll still love you regardless. Ms. Culberson, I also respect your initial report in your deposition. But somewhere along this course, your whole story changed like 360. I'm not sure what took place or what type of situation you might be in. But something made you spiral from out of the normal. You know I never been violent towards you or showed any aggression. I've only been protective of you. That's why I was kind of surprised by the statements you made, which kind of had me thrown off the loop. Just please give my things to my family and I'll leave it at that. Aisha, you said something in your deposition that caught me, that caught my attention. You said you wrote me 15 letters from the beginning of this case. Well, it's sad to say, but I, I believe I might only got two letters that slipped through the crack that they didn't catch. They took them letters before I even had a chance to receive them. That was their intentions to have you turn against me. That way it makes it easy for them to point a finger. I even gave this letter to my attorney. But the only time I was able to contact you, and that's when I was in Clinton, I text you. I know you remember because you kept asking me who was this. I never said who I was. I even text your mom number as well. I would have to say your initial in depositions are totally different from your trial's straight the opposite, which I know them people play the factor as well in that. So just for the records of the courts, I wasn't in any shape prepared in addition for this trial. My resilience will continue to keep me focused and peaceful during these hard moments. I do have determination that through these challenges, I believe in the very definition of faith. My faith ignites hope in my heart to, to over, to overcome these trials and tribulations. Right now, I'm the underdog rising through these misfortunes. I have to stay strong through this, through this predicament. My God taught me failure isn't final. Your fight is only over when you throw in a towel. What initiate champions? The Almighty. My endurance is built strong like never before. My joy is beyond any experience I ever imagined. I will overcome this. I am encouraged that a power far beyond my physical ability will appears and give me spiritual armor through this fight of lies with truth that will set me free. [00:37:37] Speaker 1: Ms. Cunningham, I see that Ms. Langford has left the courtroom. Would she like to address the court? [00:37:42] Kelly Cunningham: Your Honor, let me see. I think she's probably, is she coming back? She's coming back, Your Honor. Okay. Ms. Langford, are you ready to make your statement? [00:37:54] Speaker 1: Ms. Cunningham, I would ask that you take the witness stands. I think that would be easier, please. Ms. Langford, you may proceed if you would just please state your name and spell your name for my corporate border. [00:38:19] Speaker 5: Okay. My name is Aisha, spelled A-I-S-H-I-A, Langford, L-A-N-K-F-O-R-D. [00:38:28] Speaker 1: You may proceed. Ms. All right. [00:38:30] Speaker 5: Your Honor, my name is Aisha Langford. As I said before, mother of Bereja Terrell. Before, before I continued, I'd like to thank the court for providing me the opportunity for me to speak today. July 9th, 2020, exactly three years ago, since the last time I saw my baby girl. When I dropped her clothes off for her and DL after I got off work and showered and headed over to the Jersey Ridge Apartments complex. Once I got outside the complex, Bereja running out, smiling as she always does. A smile that can light up a room, any room. We spoke for a few minutes while she held her dog, Chloe. She said she loved me and I watched her run around to the apartment complex while her lovely locks bounced away around 6:30ish. Those are my last words with my baby girl. So I wrapped my mental around her face, her last words she said to me. The amount of pain I felt and feel that no mom should ever have to feel because, man, that stuff hurts real bad in a different spot. I didn't even know it existed until you, Henry Dinkins, changed that for me. I broke my trust and emotions I had the day you took my baby girl from me and just gunned her down like she was nothing and left her and never said a word at all. It's really painful that a statement could bring so much anger. I have a number of questions for you, Henry Dinkins, surrounded that night that played through my mind every day. Did she want me? Was she scared? Did she see those gunshots coming? Did you shoot her while she was trying to get away? Did she scream for help? Did she beg you to stop? Did you see in her face when she realized she was shot the first time? What was her last words? Did you stay and watch my baby die? How long did she suffer? Did you watch the life leave from her beautiful hazel eyes? What did you do to my son? Why? Do you know the answers? To any of these questions I asked, huh? Henry Dinkins, why you sit in this courtroom as if this shit don't hurt you? Watching you, watching you during these proceedings. That isn't right. You sit there with smiles and chatter during sensitive things and then tried to speak to me when you never once spoke to me after July 14, 2020. You remember. When I saw you in Scott County Jail telling me you didn't do this, but why you haven't said nothing then? Why? Henry Dinkins, closure doesn't exist here in this case. Justice doesn't exist here in this case. You didn't just take away my baby's life. You took away. You didn't just take away my baby's life. You took away everything from me. My family's sense of security, laughs, health and potential. Potential for Briaesia to be someone's wife. Potential to be a mother. A college graduate. Prom. Everything. Oh. Oh, my baby girl Henry. I went from believing I wasn't the best mom, but made things happen best I could to downing myself day in and day out as what kind of person am I not to have protected my daughter? I've broken myself down many a times over and over analyzing text messages, calls and conversations about everything, trying to figure out what I could have done differently. I watched my oldest son completely lose his childhood and be the cast of being the man of the house for me because I was truly broken the day I got the call standing stating they found my daughter. I'll never forget March 22nd 2021 around 7:30 p.m. So they they told me they had information I have been waiting on. So that night my tummy was in knots and all I did was cry and I held my pillow so tight trying trying to hurry the nightfall so I could get up so I could rush the kids to school and get on get on the highway. And I do it March 23rd 2021. Once I got out there, it was a feeling I can't even describe because it was the snuggle on my heart mentally I was going the same because that was a different feeling in my body. I wasn't used to I kept myself covered from the media footage that was other while I shed so many tears inside because I couldn't describe that my daughter laid behind those squad cars and big RV man. I couldn't do nothing to save her all I got. All I got was a glimpse of a of a damn blue bag man that crushed my whole soul. I promise broke me down and still am and my son commit to every hurt need I need and still does. I watched my youngest baby I watched my youngest baby become unrecognizable. At times with the amount of anger he sits and holds to from this trauma you put him through. He's so hurt he has no idea how to even understand or even cope with the loss of his best friend, partner in crime, his sister who helped him through so much of his life. He would to overcome this and gain himself back and be somebody. He will not be what you have put him through or even made him sit through. We are suffering from so much with anxiety and depression at the top of our list. I can't work at times because all the trauma on top of the world of things I encounter in most jobs to social media crap. Pushed me pushed me into a shell. I haven't been able to shake quite yet. Our lives change. Three years went past us with no stops. Right before our rise. And here we here we are in this courtroom seeking the justice she deserved. So she could be laid to rest properly. Still yet this is this all feel like a movie. I haven't changed the channel to because this can't just be it like that's all that's the piece that sinks in still hurt. Because I thought hearing you get a life sentence with no possibility for Roe will help me sleep at night. And it just doesn't because she didn't have to be gunned down like that nor left like that out there like she was just trash. She didn't deserve that. She deserved to have her lifeless remains shown across the TVs like like she did. She she did a Henry Henry Dinkins. So whatever you get won't be enough because your family get to come come to see you. And my baby is just that just gone. And never ever ever coming back as she left me July 9th 2020. Peace understanding and forgiveness will never come. I also truly hope what you did to her will haunt you for the rest of your life. I'll hold on to those good memories. We shared in in how you left her and how she had how she laid across that damn creepy swamp. Place thing where you left her and said not one word. How could you how could you be such a monster Henry. I am thankful for the Justice for Pre-Agent Terrell and my baby boy. [00:46:34] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. [00:46:40] Speaker 1: Thank you. Before I proceed with my judgment and sentence in this case I must address some of these statements made by the defendant in this case to the court. This court has provided the defendant with very competent representation during the entire course of this action. Actually the attorneys representing the defendant in this proceeding and in this trial his last counsel are very competent. We're very zealous in the representation of the defendant. Couldn't have asked for better attorneys. The court made its decision based on all the evidence that was presented in this case. The court's ruling was based on facts. I find no legal basis to grant any of the defendant's motions for judgment or acquittal or new trial if that was the intent of some of his statements as a pro se motion. Because the defendant was found guilty of two Class A felonies, this court has no discretion on what the sentence shall be imposed. Rather, life imprisonment is mandatory. The court notes, however, that the defendant has an adult criminal record dating back to 1989. This history, coupled with the horrific nature of these offenses against his own child's sister, requires that this defendant be removed from society for the protection of society. This sentence provides for both punishment and for protection of the community. Mr. Dinkins, it's unconscionable that you would take such actions to murder a ten-year-old child who was entrusted to your care. Mr. Dinkins, it was very clear to this court that you have no conscience or remorse for your actions. You blatantly lied about trying to find Breasia. You took no legitimate actions to find her. You knew exactly where she was. Due to your extensive criminal history, and the fact that you removed Breasia from the place that you were authorized to care for her, and then take Breasia to a dark, deserted area in the country, and shoot her in such a horrific manner, supports the finding that the sentences to be imposed on both counts one and two shall be served consecutively. Mr. Dinkins, pursuant to this court's finding you guilty on September 15th of 2023 of murder in the first degree in violation of Iowa Code section 707.1 paren 1, paren A, and as provided by sections 902.1, it is the judgment and sentence of this court that you be committed to the custody of the Iowa Department of Corrections for the rest of your natural life without the possibility of parole. Pursuant to this court's finding you guilty on September 15th, 2023 of kidnapping in the first degree in violation of Iowa Code section 710.2, and as provided by Iowa Code section 902.1, it is the judgment and sentence of this court that you be committed to the custody of the Iowa Department of Corrections for the rest of your natural life without the possibility of parole. DNA sampling will be required. Each of these counts will be served consecutive to one another for the reasons stated earlier. The Iowa Medical and Classification Center is designated as the reception center to which you shall be delivered by the sheriff. Pursuant to Iowa Code section 910.3B1 in paren 1, you are ordered to pay to the heirs of Riaja Terrell, and as noted by the county attorney to Aisha Lankford, $150,000. Mr. Freeze, do you wish to address Category B expenses at this time? [00:51:26] Henry E. Dinkins: Your Honor, I believe that given Mr. Dinkins' status presently and going forward, [00:51:35] Speaker 1: I'm assuming the indigent qualify for a waiver of Category B expenses. Ms. Cunningham, do you wish to address the court on this matter? [00:51:41] Kelly Cunningham: No, Your Honor, and the state would not resist the court entering that finding. [00:51:46] Speaker 1: Based on that, the court will find that Mr. Dinkins is indigent and does not have the reasonable ability to pay Category B expenses. Now that you have been sentenced, it is my duty to advise you of your right to appeal. Under Iowa Law, you have the right to appeal your conviction and sentence to the Iowa Supreme Court. In order to do so, you must file a written Notice of Appeal with the Clerk of this Court within 30 days from today's date. Figuring to file such Notice of Appeal in that fashion will be deemed a waiver of your right to appeal. In other words, you will lose it. If you think you want to appeal but don't think you can afford an attorney or transcript of these proceedings for that purpose, you have a right to make application with this court for court-appointing counsel and a transcript of these proceedings all at the expense of the state of Iowa. Just be aware, all of this must be done within the 30-day time limit that I have just outlined. I'm sure if you have any questions concerning this, Mr. Freeze or Mr. Waters would be happy to address this with you. I'll acknowledge receipt of any pre-sentence investigation reports that have been printed for the purpose of today's sentencing. No appeal bond will be issued in this case. Minimus will issue immediately. Anything further in this matter? [00:53:05] Kelly Cunningham: Your Honor, I do want to make a record relative to some comments of Mr. Dinkins. Mr. Dinkins spoke to the issue of the state having provided all of these exhibits during the trial that he had not received. The state did comply with all discovery requests that were made. I would note that there were a significant amount of photographs. There were a significant amount of body-worn camera footage that was generated by virtue of officers and their involvement in the investigation as well as recorded interviews. There is a record that would reflect what was provided by discovery, but I want to speak to the practice of this particular prosecutor when I am in trial. My practice has always been one to make copies of any exhibits that I'm going to introduce during the trial and provide that to counsel. So while they may have received that during the course of discovery, I find that it's very beneficial for defense counsel just to have a copy that I'm presenting to the witness right there on the table before them so that they can follow along as I'm introducing those exhibits. I want to make it clear that when Mr. Dinkins suggests that these were exhibits that were just came out of the blue and were presented for the first time, that was not the case. It's simply the state's way of being very considerate of my colleagues on the opposite side of the table and making their jobs easier and making the process flow much, I think, more efficiently by providing those copies. So I think it's important to make that record. Additionally, Mr. Dinkins had indicated that there was a lack of notice of various witnesses. Certainly the court understands and defense counsel understands that with respect to any type of criminal prosecution, the state's required to file minutes of testimony. And then if there are, you know, supplemental additional minutes of testimony that need to be filed, that is done. There were several sets of minutes of testimony that were filed. Every witness that was called to the stand to testify were individuals who were listed in those minutes of testimony. And every report that documented their statements to law enforcement or any investigative steps taken by law enforcement was a part of those investigative reports. And in fact, the state would further speak to the issue of expert testimony, particularly that of the FBI's testimony. My predecessor, who had been on the case before I took office, had filed additional minutes of testimony indicating there had been a USB drive provided that set forth all of their investigative reports. Even though that discovery had been provided, I went through the process of filing duplicative additional minutes of testimony to specifically identify every one of those individuals and to provide each of their reports that were generated through the FBI laboratory. And I would also note that when Mr. Dinkins speaks to the change in testimony, every witness who got on the stand to testify, the testimony that they provided stemmed from statements that was made to law enforcement. And there was no steps taken by the state to coerce any of these witnesses to provide fabricated testimony. Certainly, the state understands its obligation. But even if we, you know, didn't have, you know, a strong sense of obligation to that, the state, our job, first and foremost, is to do justice. And justice takes on many different faces. And there are times when justice is best served if the facts are such that they indicate there should not be a prosecution. But in other instances, justice is served when crimes have been committed and the state goes forward and engages in those prosecutions. The state is very mindful of that obligation and there was nothing untoward in any of the actions taken by the state. And that's the only record that I wanted to make for this, recognizing that there will be additional proceedings, I'm sure, relative to the appeal or any future post-conviction relief action. [00:57:16] Speaker 1: I will leave the issue of the amounts totally payable to the Crime Victims Compensation Assistance Program. I will leave that open for further hearing. Thank you. Thank you, Your Honor. [00:57:29] Kelly Cunningham: Anything further, Mr. Fries? [00:57:31] Speaker 1: No, thank you. I'll conclude this matter. Thank you, Your Honor.