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Henderson prosecution rests, defense calls first witnesses:

Short article…

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.

Disruptive and struggled academically does not mean insane.

Henderson jury hears ’05 taped confessions:

Yesterday in the ongoing trial of Richard Henderson Jr. the court got to hear recordings of Henderson that took place shortly after his arrest. He claims that he loved his family.

“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.

The guy is an attention whore, pure and simple. He’s been feeding the media since his arrest. Not only that, but just because it wasn’t premeditated, you still killed your entire family. With any luck, Death Row is holding a room for you.

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.”

How about the legal definition of soulless bastard? And so what if he was depressed since he was 13. I’ve been depressed for longer than that and so have a lot of other people, but as I keep saying, we didn’t kill anybody, let alone our entire families.

In other testimony, a state DNA expert testified that all four victims’ DNA was found on the pipe used to kill them. Also, a pawn shop owner testified that Henderson sold almost $400 worth of merchandise to her the day after the murders.

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.