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Khoua Her, married at 12 and a mother of six before
she turned 21, now knows she won't see the outside of a prison until
her late 50s as a result of having killed her six children.
Though Her pleaded not guilty Nov. 13 in her
children's Sept. 3 stranglings, she reversed course Monday, entering a
guilty plea to six counts of second-degree murder. Her attorney, Bruce
Wenger, said his client chose to accept a 50-year sentence with no
possibility of parole for more than 33 years rather than risk a life
sentence, which automatically would have been handed down if a jury
had found her guilty.
"She is 24 now, and she will be done with her
sentence at the age of 57 and theoretically have a life beyond this,"
Wenger said. "If we went for first degree murder and she were
convicted, she never would have been free."
During a 45-minute hearing, Her tearfully told a
packed courtroom that she had been suicidal and worried about what the
children would do without her. "I strangled their necks," the
Laotian-born Hmong woman said through an interpreter. "If I died, then
nobody would love my children."
To Wenger, such sentiments point to the probability
that Her was suffering from mental illness at the time of the
slayings, a contention he still believes could have held up in court.
"We believed she didn't think she did anything
wrong," Wenger said. "She decided she was going to take her own
life-commit suicide-and she was concerned about who was to care for
her six children after she was gone.
"She believed nobody would, and thought the only
way she'd be able to care for her children was to take them with her,"
he said. "She thought this was an altruistic act and was doing this
out of love for her children."
Wenger said his client found herself overwhelmed by
the extraordinary obstacles she'd had to endure in her young life: as
a child, she was raped in a refugee camp, and at 12, she married Tou
Hang, the children's father. By September, she was estranged from him
and in severe financial peril, facing eviction from her two-story
townhouse in St. Paul's McDonough Homes housing project. At that
point, Wenger said, "I think it just became too much for her, and she
decided to take her own life."
After making that decision, he said, Her called her
children in one by one, from the oldest to the youngest. When each
child came to her side, Wenger said, Her strangled them with a black
piece of cloth, he said.
Then Her tied an electrical cord around her neck
and to a light fixture on the second level of her home. She jumped off
a balcony, attempting to hang herself. Said the lawyer: "We believe
that she went unconscious because of the strangulation and then at
some point, the light fixture apparently broke, and she then fell one
flight."
When Her regained consciousness, she was on the
ground with a hurt back. Not knowing what to do next, she called for
help.
"She didn't know how to make a second attempt at
taking her life," Wenger said. "She didn't have a gun, she didn't have
poison, and she was not physically able to make the same strangulation
move because of her injuries.
"There was nothing left to do but call 911."
What was recorded in that call became a key piece
of the prosecutor's evidence. On it, a woman identified as Her admits,
"I killed the kids. I don't know why I killed the kids."
Assistant Ramsey County Attorney Chris Wilton said
Her's sentence meted out justice for the taking of those six lives.
"I think that a 50-year sentence is very just," he
said. "We look to somehow provide justice in a case like this. There
is no amount of time or money that can somehow equal not only one
child's life but six childs' lives."
Hmong community advocates reiterated their view
that more culturally appropriate services might have helped Her before
it was too late, and the Hmong American Partnership in St. Paul
indicated it would continue pushing Minnesota state legislators for
improved services for Hmong immigrants, having already met with
residents and state legislators to discuss needs within the Hmong
community.
"I believe if she spoke to somebody and talked to
someone on this issue, I don't think this would have happened," said
William Yang, executive director of the organization.
Lee Pao Xiong, president of Hmong National
Development, said he believed that if Her had consulted a
Hmong-speaking mental-health professional, her suicidal tendencies,
and the tragedy that followed, could have been averted.
"If we have trained people in non-profit
organizations, they may have caught it," said Xiong, who says adding
more Hmong-speaking counselors needs to be a top priority. "I don't
know if she was assigned to a Hmong social worker ... but if that
person were Hmong, she might have mentioned that her life was not
worth living anymore."
Her's sentence came a week after a 13-year-old
Hmong teenager in Eau Claire, Wis., was sentenced to a year's
probation for killing her baby after she gave birth in a YMCA bathroom
stall. The girl, who conceived as a result of rape, killed her son
June 5 by stuffing toilet paper in his mouth and placing him in two
plastic bags. A janitor found the body in a garbage can in the
bathroom. An autopsy determined the baby died of asphyxiation and
skull fractures, court records said.
Circuit Judge Benjamin Proctor also ordered that
the girl live in a foster home and that she visit her son's grave
every month for the next year.
"He came up with a fair and a just decision," said
Mary Liedtke, the girl's attorney. "The facts are emotional, but he
applied the law. It is such a tragic case."