Richard Henderson Jr.

After hours of determining his guilt, it took the jury fewer than 10 minutes to decide on a recommendation for Henderson's punishment. Staples said nine jurors voted for life and three voted for death.

The brevity of the deliberations stemmed from conversations the group had earlier while determining whether to convict Henderson, Staples said. Jury members had discussed issues that would affect the penalty phase.

"In looking at it, a majority of us found that the death penalty was not appropriate in this case," Staples said.

For Staples and the majority who voted for life, these mitigating factors stood out:

• Henderson's criminal history: As far as the jury knew, he did not have a violent past.

• His love for his family: "Not one witness said he had (serious) problems with his family," Staples said. "There was clear testimony all around he loved them."

• His mental illness: "He didn't get the care he needed," Staples said, referring to Henderson's psychiatric history. "Some, he sabotaged or didn't want, yeah, but he was a kid and there was some responsibility on his parents and society to help him."

Some testimony during the punishment phase of the trial also had an impact on why the jury did not recommend death, Staples said.

For example, Henderson's grandfather, Loyal Stringer, described Henderson as "good guy."

"It's a tragic loss, but when his grandparents took the stand and proved they could still love him despite what has happened - that speaks toward what we had already thought." Staples said. "That confirms our belief he wasn't a cold, calculating monster."

The five-man, seven-woman jury found Henderson guilty of first-degree murder in the deaths of his father, Richard Henderson Sr., 48; his mother, Jeaneane Henderson, 42; and his grandmother, June Henderson, 82. Jurors found Henderson guilty of second-degree murder for killing his 11-year-old brother Jacob, who was attacked first.

"At the time, he had a break in reality," she testified.

McClain, whose studies include the science of brain and behavior relationship, said it is possible for a person to be insane over a period of time.

At some point, she said Henderson "comes back into reality," possibly on the weekend after the deaths.

"I think he's becoming aware of what occurred ... coming back into reality. But it does not suggest he is avoiding detection."

She also said Henderson did not flee, but stayed in house overnight, sleeping in his parents' bed near his mother's body.

Accused killer Richard Henderson Jr. rose from his seat Monday, walked to the jury box and stood directly in front the jury whose members will decide his fate.

The 22-year-old, on trial for allegedly bludgeoning four family members to death on Thanksgiving Day 2005, rolled up his sleeves and exposed scarred forearms.

Some jurors leaned in towards him and closely observed dozens of marks on the defendant's arms - the result of self-mutilation, according to Henderson's lead defense attorney, Carolyn Schlemmer.

Earlier in the day, Nicholas Roberts - a defense witness who said he previously worked for Henderson's parents doing lawn service - testified that he had seen Henderson cut himself when they were younger.

"He pretty much always had cuts on him," Roberts said during the sixth day of testimony in Henderson's capital murder trial.

Staples, razors, knives, "anything with a point on it," are among some of the objects that Henderson used to hurt himself, said Roberts, who has known Henderson since eighth grade. Henderson also frequently talked about suicide, he said.

Dr. Dilip Chaparala, a psychiatrist at Manatee Glens who testified for the defense, confirmed Henderson's self-mutilating and "superficial cuts." He said he learned of the injuries because he said Henderson was admitted to the mental health facility on two occasions in 2001 and 2002 after getting in trouble for a group suicide plot involving three juveniles at Lakewood Ranch High School.

Chaparala also said Henderson was diagnosed with major depression and that he was on and off of anti-psychotic and anti-depressant medications in the years prior to the killings. Some of the medicine included Lithium, Paxil and Zoloft.

Another psychologist, Dr. Richard Droz, testified he met with Henderson seven times from July 2001 through April 2003, after Henderson Jr. was referred to him following the group suicide plot.

The doctor described Henderson as a misfit, and said Henderson told him he was constantly picked on at school and felt like an outcast.

Droz said Henderson's parents didn't take his mental health problems seriously. He described them as hardworking, but unsophisticated and simple people.

Also on Monday, Psychiatrist Joseph Wu, with the Brain Imaging Center at the University of California at Irvine College of Medicine, took the stand and showed jurors a scan of Henderson's brain taken in August 2006.

"It's clearly abnormal in my opinion," said Wu, an expert witness for the defense.

Using a Power Point presentation, Wu compared the scan to a "normal" brain and said Henderson's brain indicated an abnormality consistent with problems including schizophrenia, manic-depressive disorder, a brain injury or a combination of all of them.

Just before the state rested its case today in the capital murder trial of Richard Henderson Jr., disturbing autopsy photos caused some jurors to wince and one to hold her hands over her eyes.

Dr. Wilson Broussard, the medical examiner for the 12th Judicial Circuit, was showing the jury close-up autopsy photos of the slain parents, Richard Sr. and Jeaneane, when the juror who had covered her eyes passed a note to the bailiff. Other jurors cringed at the sight of the photos.

The bailiff passed the note to Circuit Judge Diana Moreland, who called a 10-minute break in the proceedings. The juror who passed the note then put her head in her lap and placed her hands over her head.

Shortly after the state rested, the defense called its first five witnesses, including two elementary school teachers from Myakka City Elementry who testified that Henderson was disruptive and struggled academically.

"It wasn't out of anger, I had problems, I can't believe what I did," the then-20-year-old Henderson said in a taped interview with the Herald on Dec. 1, 2005 - eight days after he allegedly murdered four members of his family in their Myakka City mobile home.

Henderson, during the phone call recorded from the Manatee County jail, told the newspaper the killings were not premeditated.

"It just happened," Henderson said on the tape, in between periods of crying.

Henderson also confessed he loved his family, had struggled with drug use, including Xanax, and had been bipolar and depressed since he was 13.

"Me being in here for this is more pain than anyone can put me through," Henderson said on the tape. "I don't want people thinking I'm a homicidal killer."

Jurors also heard Henderson's voice in a taped face-to-face jail interview with the case's lead detective, Darin Bankert. Henderson again confirmed his love for his family.

"How could someone love their family so much and kill them?" Henderson asked.

Bankert responded on the tape, "Again, that comes down to the legal definition of insanity."

The request by lead defense attorney Carolyn Schlemmer came on the third day of testimony after the prosecution's last witness of the day testified Henderson had told her he realized that his actions were wrong on the day he allegedly murdered his 11-year-old brother, parents and grandmother.

Witness Jennifer McCreary, who dated Henderson for a year in 2001-02, started to tell jurors Wednesday that Henderson had admitted to her what happened on the evening of the crime. She testified he told her he was playing video games with his brother, Jacob, in his room and that he killed him with a steel pipe.

"He realized what he had done and threw his brother's body out the window," McCreary said.

After killing his brother, she continued, Henderson told her he realized he had to kill his whole family. She said he went to his grandmother's room and asked her to get something out of a nightstand, then killed her with a pipe.

"He closed the door so his father wouldn't see," McCreary said.

Henderson also hid the pipe, McCreary testified, and at one point retrieved it and wrapped a towel around it.

At that point in McCreary's testimony, Judge Diana Moreland dismissed the jury for their evening break.

Out of the presence of the jury, defense attorney Carolyn Schlemmer told the judge that she was unaware the realization statement was ever made.

"There have been no statements (that) he realized what he did until this," Schlemmer said.

Initially, Schlemmer said, McCreary gave a statement to the state attorney and a statement to the defense, but "at no point" did Henderson tell her he pushed his brother out the window because he realized what he did.

When McCreary retook the stand this morning, prosecutor Brian Iten asked her if she was sure that Henderson told her, "he realized what he had done."

Said McCreary: "I'm not too confident."

Iten then said to her: "Then you acknowledge when you gave a statement to the state attorney's office you never mentioned that before."

McCreary said, "Yes."

Iten then asked the court to instruct the jury to disregard the statement made to the jury that he had realized what he had done.

Judge Moreland then instructed the jury to disregard that portion of McCreary's testimony.

William Klein, a friend of Henderson's, said the two were smoking pot and drinking alcohol three days after the murders of four Henderson family members. As they talked, he quoted Henderson as saying, "Something to the affect of how it sounds when somebody dies...bones are crunching, bodies gurgling."

Katie Kadisak, 17, said that she had spent time with Henderson the weekend after the killings. She said Henderson told her that it is very easy to crack someone's skull, and that when someone is dying they twitch and gurgle.

Also on the stand this afternoon during the third day of testimony was Henderson's friend, Christina Depetris, who said with Henderson jailed the two exchanged letters. She read from one of the letters he wrote, saying, "I did that horrible thing - I'll never forget the sound of the (TV-video) remote hitting the ground."

Henderson's ex-girlfriend told the court today that he discussed suicide the day after the murders.

Danielle Kervin was asked about suicide by defense lawyer Franklin Roberts.

To Robert's questioning, Kervin said that, yes, Henderson had talking about killing himself. She said Henderson had asked her if she would join him in taking an overdose of pills.

While Kervin answered questions, she nervously played with her hair and occasionally looked over at Henderson, who sat at the defense table. He sat slumped down in a chair during the morning testimony, occasionally resting his chin on a hand and twirling a pencil. He was dressed in a dark sweatshirt and baggy blue jeans.

Another witness on the stand, Eric Weger, 20, also said Henderson talked of suicide. He said, to a prosecutor's questions, that he took it more of a joke that Henderson was talking of killing himself. Later, when asked by the defense lawyer if Henderson was laughing when he said this, Weger said Henderson was not laughing.

Asked if Henderson seemed to be hearing voices, Weger told the state's lawyer he didn't think so. Asked by a defense lawyer if he had observed Henderson talking to unseen voices, Weger said no.

Witness Stacy Dean, 21, said that on Sunday three days after the killings she was asked by Henderson to drive to Wauchula and pick up Henderson, Kervin and another young woman, and she did. A previous witness had said Henderson dropped the family van in Wauchula and needed a ride.

When the four in the van drove by the Henderson family's mobile home outside Myakka City, Dean said there were sheriff's cars there with lights flashing.

She said Henderson ducked down in the back seat of the van. When she asked him why he had slumped out of sight, he said his parents must have called the cops on him.

Earlier in court, witnesses said Henderson - on the Friday after the killings - picked up his girlfriend for a weekend date, tried to sell his family's electronics, bought illegal drugs and passed out at the mall.

Amy DonSalvo said she was approached by Henderson as he tried to sell a TV and a computer. He told her she would have to go pick them up at his family's house near Myakka City. He told her he wanted cash or drugs that could be sold for cash, DonSalvo said.

Loyal Stringer told jurors their grandson said he was taking a girlfriend home. He testified he appeared "normal," but the girlfriend appeared scared and had "little color in her face."

Henderson, before he drove off, told his grandparents not to go to the house because his parents were fighting "real bad."

More testimony from Nicole J. Russell and Zach Anderson - two friends of Henderson Jr. - indicated they had previously seen Henderson take Xanex and smoke marijuana.

Russell also said she had seen him the day after the killings and that he told her he was going to Mexico.

The day before and after the killings, Anderson testified, he saw Henderson Jr. at a friend's house. Henderson, he said, appeared normal and "in touch with reality."

But Franklin Roberts, one of Henderson's court-appointed attorneys, told the jury a different story as he outlined his client's defense. He contended the slayings in the family's Myakka City mobile home were a tragedy brought on by Henderson Jr.'s severe mental illness.

"The horrible act of someone who was insane at the time it was committed," Roberts said of Henderson, charged with four counts of first-degree murder in the deaths of his father, Richard Sr.; mother, Jeaneane; grandmother, June; and younger brother, Jacob.

As Henderson occasionally jotted notes, Roberts described him as a man with a troubled youth full of drug abuse, suicide attempts and self-mutilation.

"Early in life, something was wrong," Roberts said. "He had trouble keeping up in school . . . was disruptive in class. He is not someone who simply at one moment in time - suddenly exploded."

Doctors will take the stand, Roberts said, and testify Henderson was insane when he killed his family.

Henderson, while playing video games with his 11-year-old brother, took a metal pipe, struck him on the head and pushed the boy out a window. Then, in separate rooms, Henderson attacked his 82-year-old grandmother, his father, 48, and his mother, 42, killing each with "lethal amount of force" to their heads.

Sandy Stringer, Henderson's other grandmother, called the home for her daughter, Jeaneane, on the night of the killings.

But Henderson Jr. answered instead.

Lying, he said that his mom was in the shower and would soon go to bed.

The day after the killings, Iten said, Henderson took his parents' van, picked up his girlfriend and her friend and the three spent the next two nights in an Ellenton hotel. There, he told his girlfriend that he had killed people. But he lied about who, Iten said. He said he had killed his ex-wife, Brittany Wilde, and then killed his grandmother after she walked in on the attack.

He also later told friends he planned to head for Mexico, Iten said.

So defense attorneys Carolyn Schlemmer and Franklin Roberts have requested a change of venue for their client's murder trial, set for next month.

"I don't feel it can be held here," Schlemmer said Wednesday. "There has been too much publicity, too much connecting him to other cases and there is just no way we'd get a fair trial."

"Extensive publicity has caused me hardship at the jail," states an affidavit signed by Henderson last month. "The pretrial publicity has portrayed me as guilty to four counts of murder in the first degree."

In another motion filed Wednesday, Schlemmer said she wants Henderson's statements to police suppressed and any evidence seized from him on Nov. 27, 2005, to be ruled inadmissible at trial.

She says the evidence was illegally obtained as a result of an unlawful stop by Deputy Rodney Norris, with the Manatee County Sheriff's Office.

Norris, with his gun drawn, stopped Henderson as a possible suspect in the 4900 block of U.S. 301, according to the motion.

Henderson initially told deputies his name was Jason. But he fit the description of the suspect in the slayings, and Norris arrested him.

Norris found a glass pipe with marijuana residue in his left pocket, according to sheriff's reports.

Norris did not have a "founded suspicion" that Henderson had committed, was committing or was about to commit a violation of the law, according to the motion.

As for my case im happy to be closing in on the day i'll know where my future lies. As for if I get the Death instead of life or possibly something else, Great, ill be happy. Id rather get Death then life so I don't have to witness the schemes and abuse of Authority the State lives by. As for my so called Family, let me make this clear. I don't give a damn what they think, they say they know me how can that be if I only saw them 7 times in my life, to hell with them, I want them to know if I do get the death penality I will haunt their dreams and forever taint the blood of our Family. The way I see it, it's their fault, if someone could of got me help instead of gossiping maybe my family be alive, maybe I could of had a normal life," he wrote. "But no, everyone wants to talk, to judge. Find a way to live my life, to do all I did, to fell all my pain then you can judge me. How many Virginia tech massacers, how many columbines, how many Ross's, Davis's, Henderson's is it gonna take to show kid's are not being properly raised/helped/counsaled like they need to be. The Guilt of the crimes lies in the so called innocent, we were just the puppets that released the evil society breeds. You want Justice, you want us to feel pain, our whole lives have been pain. Me being in here with no friends, no family, just guilt, that's pain. Just keep gossiping, keep . . . cause pain is coming to a place called home. Let's see how you handle it.

BRADENTON - Three men, each accused of first-degree murder, received a judge's consent for brain scans Thursday.

Manatee County court officials scheduled one hearing on several motions for four men accused in separate, unrelated murder cases - Clifford Davis, 19, Richard Henderson Jr., 20, Darrell Mitchell, 36, and Blaine Ross, 23.

If convicted, each defendant could be sentenced to death.

Lawyers for Davis, Henderson, and Mitchell requested the procedure, known as PET scans. Ross has already been tested.

If any of the defendants are convicted, results from the positron emission tomography scan could be used as evidence during the sentencing phase of a trial, said Assistant Public Defender Carolyn DaSilva, who along with Assistant Public Defender Steven Schaefer is representing the three men.

"We have to do everything to prepare for the penalty phase," DaSilva said. "It doesn't mean we'll get there."

A doctor hired by the defense lawyers said the scans were necessary for him to complete his evaluation of the defendants, according to court records.

The scan, commonly used to detect cancer and brain and other neurological disorders, has become a popular tool for defense lawyers, said Charles Rose, a professor at the Stetson University law school.

The procedure, which costs about $2,000-$3,000, involves injecting a person with a radioactive substance containing glucose, and using a machine shaped like a doughnut to scan and detect the body's reaction to the substance, according to medical experts.

In patients with certain brain disorders, the machine tracks the spot and the rate at which the glucose metabolizes, said Dr. Eric Cotton, a radiologist at National PET Scan in St. Petersburg, which is where Davis, Henderson and Mitchell will be tested.

The information, which the center sends to an expert in California to be interpreted, could be used to support diagnosis for Alzheimer's disease, dementia and tumors, Cotton said.