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Thread: Death Penalty Trial Set for Cleotha Dewayne Abston in 2022 TN Slaying of Eliza Fletcher

  1. #11
    Administrator Helen's Avatar
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    Prison records show Cleotha Henderson committed 20 sex crimes behind bars, ‘couldn’t help’ exposing himself

    By Jessica Jaglois
    WMC News

    MEMPHIS, Tenn. (WMC) - When Cleotha Henderson exposed himself for the fourth time to a corrections officer, a supervisor asked why he was doing what he was doing. Henderson replied that he “couldn’t help” it, according to disciplinary records obtained by the Action News 5 Investigators.

    During Henderson’s 20-year prison sentence, for which he served after kidnapping an attorney at gunpoint, he racked up 53 infractions, including 19 indecent exposure violations.

    He exposed himself to corrections officers in the chow hall, in the recreation yard, and while standing in the door of his cell. Sometimes, he would call a guard’s name and expose himself.

    His other offenses include sexual misconduct, threatening an employee, strong-armed robbery, drug possession and possession of a deadly weapon.

    Each violation was reviewed by the prison’s disciplinary boards, which found Henderson guilty in every instance.

    Records show Henderson was sentenced to a total of 325 days in isolation, 91 months of restricted privileges, and $117 in fines.

    The records also show Henderson was terminated from his prison jobs, given verbal and written reprimands, and, most seriously, lost 180 days of his sentence credits.

    Nine months before he was reintegrated into society, Henderson exposed himself to his case manager in her office. He was sentenced to five days in isolation and a $4 fine.

    Still, Henderson was released early, after having served 20 years of his 24-year sentence.

    “Everything we do has an impact on people’s lives. Our inactions have an even deeper impact on people’s lives,” said Tennessee State Representative Antonio Parkinson.

    Parkinson said inaction at the state and local levels is to blame for where Henderson stands today. As a member of a newly-formed legislative committee,
    Parkinson wants an in-depth review of the state’s corrections rehabilitation strategy.

    “They’re coming into state custody and we’re warehousing them and we’re punishing them, I guess, but they’re going to come out at some point,” he said. “What’s happening in between that time when they’re behind that wall?”

    During the committee's Wednesday night meeting, Tennessee Department of Corrections (TDOC) Commissioner Lisa Helton told lawmakers that the department’s disciplinary process works most of the time, but that she would review how it’s applied to serial offenders behind bars.

    “I would never say that we shouldn’t take an opportunity to relook at something and see what flexibility is,” she said.

    The responsibility doesn’t lie with TDOC alone.

    Henderson was in and out of juvenile detention 16 times before he kidnapped attorney Kemper Durand at gunpoint in 2000. Eleven months after serving time for that crime, a woman accused him of rape.

    Her newly-filed lawsuit blames the Tennessee Bureau of Investigation’s rape kit backlog and the Memphis Police Department’s negligence for why Henderson wasn’t arrested and now stands accused of kidnapping and murdering Eliza Fletcher.

    Plus, while a district attorney can charge inmates for infractions they commit behind bars, prosecutors in the three jurisdictions where Henderson served time - Lauderdale County, Hardeman County and Trousdale County - never did.

    “At the end of the day, the buck stops with the state of Tennessee,” said Parkinson. “And the state of Tennessee is where accountability needs to be held. Once they’re in state custody, that’s where the bulk of the actions should’ve taken place. Plain and simple.”

    Parkinson also wants to hold TDOC accountable for its recidivism rate. More than 40% of its released inmates go back to prison, according to the state’s most recent numbers available.

    https://www.actionnews5.com/2022/10/...osing-himself/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
    Moderator Bobsicles's Avatar
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    Man charged in Tennessee jogger’s death pleads not guilty

    with raping and killing a Tennessee kindergarten teacher during a pre-dawn run in Memphis last year pleaded not guilty Friday.

    Cleotha Henderson, who has also used the name Cleotha Abston, was indicted last week on charges that include first-degree murder and especially aggravated kidnapping, The Daily Memphian reported. The first-degree murder charge carries a sentence of life in prison or 60 calendar years. However, the Shelby County District Attorney’s Office has indicated it may seek an enhanced sentence of life without parole or the death penalty.

    Police have said Eliza Fletcher, 34, was running on the University of Memphis campus when she was forced into a vehicle after a struggle about 4 a.m. on Sept 2. Her body was found three days later behind a vacant home after a massive police search.

    The killing of Fletcher, a mother of two, shocked the Memphis community led to a flood of support for her family. Runners in Memphis and several other U.S. cities held an early-morning running event in her honor a week after she was kidnapped.

    At his arraignment in Shelby County Criminal Court on Friday, Henderson pleaded not guilty to all charges related to Fletcher’s death.

    Criminal Court Division Judge Lee Coffee warned members of Fletcher’s family who were present in the courtroom that the path to trial could be a long one.

    “If this case goes to trial it will probably be two to three years before it’s actually tried,” he said. “I hope we can compress it to less than that.”

    Henderson is also charged with raping a woman in September 2021 — about a year before Fletcher was killed. He was not arrested on the rape charges before Fletcher’s killing because of a long delay in processing the sexual assault kit, authorities have said.

    https://apnews.com/article/crime-leg...d0d4b31c734ba6
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  3. #13
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    Memphis prosecutors seek death penalty against man charged with kidnapping and killing teacher

    BY ADRIAN SAINZ

    MEMPHIS, Tenn. (AP) — Prosecutors say they will seek the death penalty against a man charged with kidnapping a Memphis, Tennessee, school teacher during an early-morning run and killing her.

    Cleotha Abston is charged with snatching Eliza Fletcher from a street near the University of Memphis on Sept. 2 and putting her in an SUV. Her body was found days later near an abandoned house. He has pleaded not guilty.

    Shelby County District Attorney Steve Mulroy has filed notice with the court that prosecutors will seek the death penalty, Judge Lee Coffee said.

    No trial date has been set.

    https://apnews.com/article/eliza-fle...dee873069e40b5
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #14
    Administrator Helen's Avatar
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    Man charged in Eliza Fletcher murder retains new attorneys

    By Jacob Gallant
    Action News 5

    MEMPHIS, Tenn. (WMC) - The man charged in the kidnapping and murder of Memphis mother Eliza Fletcher is getting two new attorneys.

    Cleotha Henderson was in court today for two cases, the murder case and a separate rape case.

    Judge Lee Coffee says the public defenders’ office is re-assigning existing clients to private attorneys due to staffing issues.

    Specifics on the conflict were not released.

    ”It’s not because Miss Kase did anything wrong,” prosecutor Paul Hagerman said. “This absolutely has nothing to do with that. And this is not because Mr. Abston (Henderson) did anything wrong. It’s an ethical conflict regarding representation in the Public Defender’s Office.”

    Henderson will be back in court on September 13.

    https://www.actionnews5.com/2023/08/...new-attorneys/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Administrator Helen's Avatar
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    Cleotha Henderson soon to get trial date for alleged rape, kidnapping of Alicia Franklin

    By Fox 13 Memphis News Staff

    MEMPHIS, Tenn. - Cleotha Henderson will soon receive a trial date for his alleged rape and kidnapping of Alicia Franklin.

    Henderson appeared before Judge Lee Coffee in a Shelby County courtroom on September 15.

    He was ordered to return to court on October 13 for all the crimes open against him, including the alleged rape and kidnapping of Alicia Franklin and the alleged kidnapping and murder of Eliza Fletcher.

    Fletcher was kidnapped on September 2, 2022 while jogging near the Univerity of Memphis campus. Authorities claim that Henderson put her in an SUV and drove off. Her body was discovered four days later and Henderson was arrested for her murder soon after.

    Alicia Franklin claims that Henderson raped and kidnapped her nearly a year before Fletcher's murder.

    Franklin said that she met Henderson on a dating app, met up with him in September in 2021 and he raped her.

    Franklin filed a lawsuit against the City of Memphis, claiming that her rape kit went untested in the time between her attack and Fletcher's murder. Franklin claimed that, had her rape kit been tested, Henderson would have been in jail and would not have been free to allegedly kidnap and murder Fletcher.

    Henderson's defense and prosecutors both agreed that Franklin's case against Henderson is ready to be tried and Judge Coffee said that a trial date will be set when Henderson returns to court on October 13.

    Henderson's defense said that it is still going through evidence in the case of Fletcher's murder, but Judge Coffee said that case will be tried by the end of 2024.

    Shelby County District Attorney Steve Mulroy has announced that he will seek the death penalty against Henderson in the case of Fletcher's murder.

    https://www.fox13memphis.com/news/cl...c49c362ef.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #16
    Administrator Helen's Avatar
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    Cleotha Henderson's attorneys seek new jurors in Alicia Franklin rape case

    By Kayla Solomon
    Fox 13 News

    MEMPHIS, Tenn. - It’s been more than two years since police say Cleotha Henderson raped Alicia Franklin.

    Now, attorneys are waiting for a trial date to be set but they first want a different jury pool.

    Henderson was charged with the murder of Eliza Fletcher and is also facing aggravated kidnapping, unlawful possession of a weapon and tampering with evidence in the case.

    In addition to those charges, Henderson was charged in a separate case with aggravated rape, especially aggravated kidnapping, and unlawful possessions of a weapon in the case of Alicia Franklin, who accused Henderson of raping her.

    “In the event the motion were granted, we would travel to Nashville, select jurors," Juni Ganguli, an attorney for Henderson, said in a phone interview. "They would be brought to Memphis, they would be sequestered. And so, the trial would be in Memphis but the jury itself would be from Nashville."

    This week, attorneys for Henderson filed a motion for a change of venue.

    The motion – filed Tuesday – lays out 12 reasons to support the need for an out-of-town jury.

    One of the reasons, Ganguli said, is the overwhelming coverage of Henderson in both the Franklin rape case and Fletcher's death.

    “If you read the comment to these stories," the attorney said, "we do not believe that Memphians can be fair and impartial. And what we want is for the jurors to be fair and impartial.”

    Ganguli specifically pointed out the media coverage of Henderson’s court appearances, the more than 20 articles about the Franklin rape case in a Memphis newspaper and social media posts that allow the public to share and comment on the case.

    He also cited the coverage of the annual Finish Liza’s Run.

    The event is held on the anniversary of the day Fletcher was abducted as participants run on Central Avenue in her honor.

    “If there's a fair and impartial jury who can listen to the facts of this case, I think we could do very well,” Ganguli said.

    Henderson’s next court appearance is Thursday morning.

    The Fletcher murder case will have its own separate trial.

    https://www.fox13memphis.com/news/cl...f11d13902.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #17
    Administrator Helen's Avatar
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    Related:

    Trial date set for man accused in Alicia Franklin rape case


    By Fox 13 Memphis News Staff

    MEMPHIS, Tenn. - The man accused of raping Alicia Franklin appeared in court today to have a trial date set regarding the case.

    Cleotha Henderson, who preferred to go by Cleotha Abston going forward, was charged in case with aggravated rape, especially aggravated kidnapping, and unlawful possessions of a weapon in the case of Alicia Franklin.

    The trial date will be April 8, 2024 according to Judge Lee V Coffee.

    Earlier this week, Abston's attorney filed a motion to seek new jurors in the Alicia Franklin rape case.

    The motion – filed Tuesday – lays out 12 reasons to support the need for an out-of-town jury.

    One of the reasons, Juni Ganguli said, is the overwhelming coverage of Abston in both the Franklin rape case and Fletcher's death.

    Judge Coffee announced as well that there will be a hearing for that motion on Thursday, November 16.

    Judge Coffee, however, issued Abston a warning about his request.

    "In the 32 years I've been in this building, in the 17 years and one month and 11 days I have been a judge in Shelby County, Tennessee, I am only aware of one case that has gotten a change of venue in those 32 years and that was the person who was indicted for and convicted for basically killing his whole family," Judge Coffee said.

    Judge Coffee went on to assure Abston and his attorney that he has faith in the jurors of Shelby County.

    "It's the most diverse and it's the most inclusive and I don't know if it will be in your best interest frankly to try this case outside of Shelby County," Judge Coffee said. "We have tried some of the most highly publicized cases in Shelby County in this court. We have tried some cases that have received some extensive publicity in this court."

    Abston's attorney Juni Ganguli told FOX13 that he respects the court's opinion but that he will still fight to get his client a fair trial.

    "I understand the court's point of view. Nevertheless, you still got to try to get a fair trial and a partial jury," Ganguli said.

    Shelby County District Attorney Paul Hagerman said that his office will respond to, and oppose, Ganguli's motion to bring in jurors from outside of Shelby County.

    https://www.fox13memphis.com/news/tr...7f8024b48.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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