Category: Crime

Henderson defense seeks mistrial:

The defense for Richard Henderson Jr. is calling for a mistrial after one of the prosecution’s witness’ statement did not match her pretrial statement.

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.

Way to go, prosecution. You may have just screwed up what was a slam dunk. If the judge declares a mistrial, a new trial would take place at a later date.

Today however, the prosecution is trying to backtrack.

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.

You can’t unring the bell.

As of the time I am posting this, I have yet to hear a ruling on the mistrial request.

Witnesses testify to Henderson’s describing people dying:

More testimony about how Richard Henderson Jr. is not insane, just fucked up.

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.”

The defense questioned witnesses on Henderson’s thoughts of suicide…

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.

This little tidbit leads me to believe he damn well knew the difference between right and wrong…

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.

And motive…

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.

He’s not insane, he’s just a murderous drug addict.

(Again, this was written up yesterday, but I took last night off.)

Henderson ‘normal’ after deaths:

More testimony in the trial of Richard Henderson Jr. This time let’s hear from his grandfather.

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.”

Again, that doesn’t sound like an insane person to me.

Now some testimony from his friends…

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.”

If he appeared normal after slaughtering his entire family, he must be one heartless S.O.B.

So far, it doesn’t look like the insanity defense is going really well.

Sides come out firing on Day One of Henderson trial:

The trial of Richard Henderson Jr. opened yesterday. Henderson is accused of killing his entire family on Thanksgiving 2005.

The defense, of course, is pursuing an insanity defense…

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.

But just as the prosecution asked, how can Henderson be insane when he did this?

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.

If he were insane, he would have told his girlfriend that he killed Snap, Crackle, and Pop and was running away to Crunchland. (If he did kill Snap, Crackle, and Pop, wouldn’t that make him a cereal killer?)

Henderson isn’t insane, he’s just a cold-blooded killer.