Possible mistrial for Henderson

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.

7 thoughts on “Possible mistrial for Henderson”

  1. Let me get this straight, this girlfriend admitted under oath yesterday that she “lies a lot for him” (meaning RH) and they are considering a mis trial because she “added” a few things to the original story that she told both the prosecutor and the defense. Can anyone tell me whom deemed her to be a credible witness in the first place?
    You know it wouldn’t surprise me if Henderson actually put her up to it.
    I also loved the black eye, I felt no sympathy for him,I actually thought it was rather funny. I know there are a lot of people that want him to get the needle (which would only be fair) but from the letter that I read, which he wrote to the Bradenton Herald, he doesn’t like the way he gets treated in that little ole county prison, I say keep the bastard alive put him up there at Stark with the really hardened criminals that have been there for years, and let them have at him. Jailhouse justice for the rest of his life, oh yeah, he’s what 22, I bet if none of the prisoners manage to kill him, he wont remain anal rententive, to the age of 24. Yep I say feed him to the inmates, he’ll find out really fast what bad really is. Torture the bastard for the next 25 years, why put him out of his misery. Aunt Joyce,you can’t tell me you wouldn’t get a laugh out of knowing he was some big guy named Bubba’s bitch…. You smiled didnt you ?
    Thoughts and prayers to both the Henderson and Stringer families, keep the faith, he’s going to pay one way or another. 😎 🙂 -)

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  2. I have just recently learned that I have ties to this case. Im not family nor am I a friend to him. People close to me however have been aquainted to him. Anyhow it’s not really important.

    I have been reading lots and lots on this over the last few days, including this entire blog. Trench I wish I would of found your blog first you did a very good job at collecting the articles. Kudos to you. I’m so overwhelmed its hard to know where to begin.

    Let me start by saying my heart aches for all of you who are hurting from this tradegy. I intend to bring some rather graphic and grisley details up in my post and if you are sensitive to it, I suggest you skip reading the rest of my post.

    Irreguardless of if he is a monster or a victim of society, he bludgeoned four people fataly. I dont need to know him, I need to know that I’m protected from him. It is everyones civic duty to make sure that the judical systems protects us from his unpredictable violent behaviors. It is also the justice systems responibility to hold him accountable for his actions. Those of you who argue tyhat if you dont personally know him you dont have any reason to be intrested and judge him is hogwash.

    I have read alot about him and his life and Im left with a few questions. I would like to know more details about him torturing animals at a young age. How young? What kind of animals? Details of the torture? The reason I ask is because Im really kinda lost why noone stepped in at this early age and got this kid into therapy.

    The drugs and the uncle. Was he using drugs before his uncle introduced them to him or did he get this kid hooked. From the picture I have it sounds like he was already using before he started getting high with the uncle.

    Listening to things, he seems to know the difference between right and wrong. Did he ever attempt to get help for himself? What self responsibility did he take or was it all someone elses fault in his world?

    The killings blugeoned to death with a steel pipe. Thats not just one hit, thats repetivly beating someones brains in. He calculatedly moved through his house from one victim to the next until everyone was dead. Thats a premeaditive action not a moment of emotion. Judging from past incidents and the circumstances surrounding the alleged murders, I have to think that he has thought this through in the past and knew how he was going to execute them once whatever it was inside of him snapped. Sorry Charlie thats guilty, do not pass go, do not collect $200, go directly to jail. I personally dont like the death penality, I prefer let him live with himself in jail for the rest of his life. Never to be seen by society again. If he requested death I might grant him that to save the state some money but even at his request I have to really think it over.

    The defensive team I have to believe has no intrest in getting him off but they are bound to provide him with compentant legal council. That is why the judge did not let him enter a plea of guilty without this trial. He could walk from the charges if he wasnt propperly represented and got new council to reopen the case later down the road.

    Im really at a loss that after violent family episodes, torturing animals, colunbine type behaviors, drug abuse, domestic violence charges, somewhere in all this noone put this kid in lock down. I dont want to sound like Im pointing a blaming finger at anyone because I do understand that as it unfolds in the hear and now it dosnt necessarily look as obvious to us as it does after the fact.

    I cant help but to think of a song

    *The Ripper

    You’re in for surprise
    You’re in for a shock
    In london town streets
    When there’s darkness and fog
    When you least expect me
    And you turn your back
    I’ll attack

    I smile when I’m sneaking
    Through shadows by the wall
    I laugh when I’m creeping
    But you won’t hear me at all

    All hear my warning
    Never turn your back
    On the ripper

    You’ll soon shake with fear
    Never knowing if I’m near
    I’m sly and I’m shameless
    Nocturnal and nameless
    Except for the ripper
    Or if you like jack the knife

    Any back alley street
    Is where we’ll probably meet
    Underneath a gas lamp
    Where the air’s cold and damp
    I’m a nasty surprise
    I’m a devil in disguise
    I’m a footstep at night
    I’m a scream of the fright

    All hear my warning
    Never turn your back
    On the ripper…the ripper….the ripper*

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    1. Dear citizen x,
      Jeaneane was my cousin back then by marriage. I was married to her first cousin, her and I were best buds. In Aug. of 1992 we stayed at their house for a few days while on our vacation. My older son was 9 at the time. Richard which they always called him Jr. was 7 at the time. My son did not want to play with jr. After we left their house, my son told us that jr. was scary and that he would throw geckos on the barbecue grill because he thought is was neat to hear them sizzle and pop. He also would hold geckos over the air conditioner unit to cut their heads off. It was something he liked to do. My son never wanted to be around jr. anymore.

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  3. Hey Eric, You know what they say if the shoe fits….my husband is this guys cousin and from the stories that I have heard about the ealier years of life with Richard and his behavior, I would have to say you hit the nail on the head with your statement. For those who do not know what he meant by Machiavellian manipulator here is the deffinition.
    Ma·chi·a·vel·lian
    Pronunciation: suggesting the principles of conduct laid down by Machiavelli specifically : marked by cunning, duplicity, or bad faith
    Anyone else agree ?

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