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Thread: Gregory Lance Henderson - Alabama Death Row

  1. #11
    Administrator Heidi's Avatar
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    Judge delays Henderson sentencing hearing

    A Lee County judge has delayed the sentencing hearing for a Columbus, Ga., man convicted of the capital murder of a Lee County sheriff’s deputy during a 2009 traffic stop in Smiths Station.

    On Tuesday, Lee County Circuit Court Judge Jacob A. Walker III canceled a sentencing hearing scheduled for Thursday after the defense for Gregory Lance Henderson filed a motion to continue pending a request that the death penalty be excluded as a possible sentence for the 39-year-old, who was convicted in October 2011 of running over and killing Lee County sheriff’s deputy James Anderson.

    Walker scheduled a status conference for Feb. 29 to discuss resetting the sentencing date.

    The Lee County jury that found Henderson guilty of capital murder voted 9-3 in favor of life in prison without parole. Walker must decide whether to accept the recommendation when he sentences Henderson.

    Walker wrote in his order he was delaying the sentencing because of defense attorney Jeremy Armstrong’s plan to request an “Atkins hearing,” which would argue Henderson is mentally handicapped and should not be subject to the death penalty.

    Armstrong was unavailable for comment Tuesday.

    Henderson’s limited intellectual ability, including an early diagnosis of attention deficit disorder, formed part of Armstrong’s argument for a sentence of life in prison during the penalty phase of the October trial.

    The defense portrayed Henderson as a drug user with a troubled past who never intended to kill the deputy, noting he can be heard crying and begging to help Anderson in the background of a video recording taken from the deputies’ dashboard camera.

    The Lee County District Attorney’s Office cast Henderson as a man intent on escape — no matter the cost — with a history of running from law enforcement.

    Anderson became trapped beneath Henderson’s car when Henderson attempted to flee from a traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009.

    During the five-day trial in October 2011, a state forensic pathologist testified the deputy died of traumatic asphyxia trapped under Henderson’s car.

    http://www2.oanow.com/news/2012/feb/...ng-ar-3189759/

  2. #12
    Administrator Heidi's Avatar
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    The sentencing of a Georgia man convicted of the 2009 capital murder of a Lee County sheriff’s deputy remains on hold, pending the results of a mental evaluation to determine whether he should be eligible for the death penalty.

    Lee County Circuit Court Judge Jacob A. Walker III set a status conference for May 10 to possibly hear the results of a planned mental evaluation of Gregory Lance Henderson, who was convicted in October 2011 of running over and killing Lee County sheriff’s deputy James Anderson during a traffic stop in Smiths Station.

    Walker canceled a sentencing hearing scheduled for Feb. 9 after Henderson’s attorney Jeremy Armstrong filed a motion in early February, saying he needed time to prepare for an Atkin’s Hearing and evaluate Henderson mental abilities.

    Armstrong said he hopes to have a psychologist evaluate his client sometime in April in preparation for an “Atkin’s Hearing,” a proceeding which would argue Henderson is mentally handicapped and ineligible for the death penalty. The proceeding is based on a U.S. Supreme Court ruling in Atkins v. Virginia, which determined it was cruel and unusual punishment to execute the mentally handicapped, he said.

    Armstrong said the filing was in response to the district attorney’s plan to request Walker overturn the jury recommendation of life in prison in favor of the death penalty.

    Lee County District Attorney Robbie Treese said his office will continue to prepare its case in favor of the death penalty for Henderson.

    The Lee County jury that convicted Henderson of capital murder recommended life in prison without parole. Walker must decide whether to accept the recommendation when he sentences Henderson.

    In 2011, Walker overturned a jury recommendation of life in prison in the case of Armstrong’s client Courtney Lockhart and sentenced the Iraq War veteran to death for the 2008 capital murder of Auburn University freshman Lauren Burk.

    Henderson’s limited intellectual ability, including an early diagnosis of attention deficit disorder, formed part of Armstrong’s argument for a sentence of life in prison during the penalty phase of the October trial.

    Armstrong said the second evaluation is to determine the exact extent of Henderson’s mental ability in preparation for the Atkins hearing.

    The defense portrayed Henderson as a drug user with a troubled past who accidentally killed the deputy.

    The Lee County District Attorney’s Office cast Henderson as a career criminal — with a history of running from law enforcement — who intentionally ran down Anderson as he fled the traffic stop.

    Anderson was trapped beneath Henderson’s car when Henderson attempted to flee from the traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009. The deputy died of traumatic asphyxia trapped under Henderson’s car, according to a state forensic pathologist.

    Henderson is being held at Russell County jail while he awaits sentencing.

  3. #13
    Administrator Heidi's Avatar
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    Lee Co. man could face death penalty in sheriff's deputy murder‎

    The man convicted in the capital murder of a Lee County Sheriff's deputy learned he will be eligible for the death penalty.

    Entered the courtroom Thursday in shackles and chains, Gregory Henderson learned on June 27 Judge Jacob Walker could sentence him to die for the murder of Lee County Sheriff's Deputy James Anderson back in September of 2009.

    Henderson's defense had claimed their client was mentally unfit to be sentenced to die, but it appears the experts who evaluated Henderson disagreed.

    Defense attorney Jeremy Armstrong says, "Based on some evaluations we had done, we did not think we would be successful in the Atkins request, so we withdrew that and based on that withdrawal obviously Judge Walker can consider the death plenty in the case and override the juries recommendation of life without parole."

    Now it's up to Judge Jacob Walker to decide of Henderson will face lethal injection for killing Deputy James Anderson, or if he will uphold the juries recommendation of life in prison.

    "I'm very concerned Judge Walker will override the juries but we are going to present any information we can in mitigating circumstances to hope that judge walker upholds the juries recommendation."

    http://www.wtvm.com/story/18298926/l...-deputy-murder
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #14
    Administrator Heidi's Avatar
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    Update

    Gregory Lance Henderson, the man convicted of the 2009 capital murder of a Lee County sheriff's deputy, is scheduled to be sentenced July 27.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #15
    Thought it was June 27th. And I'm confident that Judge Schaeffer will ovverride the juries recommendation on this one.

  6. #16
    Administrator Heidi's Avatar
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    Judge delays sentencing in Henderson murder case

    The sentencing of a Columbus, Ga., man convicted of a Lee County deputy’s capital murder was delayed again as the judge in the case instructed attorneys to prepare briefs on new evidence and arguments about whether the death penalty should be applied.

    Lee County Circuit Court Judge Jacob A. Walker III listened to more than three hours of emotional testimony on Friday before delaying his decision on whether Gregory Lance Henderson should be sentenced to the jury-recommended life in prison without the possibility of parole or death.

    Henderson was convicted of capital murder in October 2011 for running over Lee County sheriff’s deputy James W. Anderson during a routine traffic stop in Smiths Station in 2009.

    The delay, the second this year, surprised attorneys in the case who expected Henderson would be sentenced on Friday.

    “Judge Walker wants to be thorough and wants to be fair,” District Attorney Robbie Treese said. “I can’t say I am not frustrated, but I am OK with fair.”

    Henderson’s defense attorney Jeremy Armstrong said his client was disappointed the proceedings will continue.

    “He wanted this to be over with today,” Armstrong said.

    Walker did not set a new sentencing date Friday, but he did give the attorneys a few weeks to prepare arguments on mitigating and aggravating factors in the case as well arguments on whether recordings of jailhouse conversations made days before the hearing should be admitted as evidence.

    Prosecutors argue Henderson was a career criminal willing to kill Anderson to escape and has shown little remorse for the crime.

    The defense says Henderson should be sentenced to life in prison based on mitigating factors including his impairment by drugs on the day of the deputy’s death, limited mental ability, remorse for his actions, and a 9-3 jury recommendation for life imprisonment. The defense also asked the judge to consider the linger doubt about whether Anderson’s death was intentional.

    The hearing began Friday morning with Henderson repeatedly apologizing to a court gallery packed with police officers from multiple local agencies and Anderson’s family.

    “I want y’all to know I am sorry and please forgive me,” Henderson said.

    Anderson died while trapped beneath Henderson’s car after being run over by Henderson as he attempted to flee from a traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009. Henderson was arrested by Anderson’s partner when his car became stuck on top of the deputy.

    Henderson said he did not see the deputy in front of his car as he turned around in a residential yard until it was too late.

    “I would never intentional hurt or intentionally kill Deputy Anderson; it was an accident,” said Henderson, adding he wanted to help rescue Anderson from under the car.

    On the day of the traffic stop, Henderson said he had been awake for approximately a week and was under the influence of drugs.

    “Me and the ex had some problems. The more problems I have, I tend to use drugs,” Henderson said.

    The defense also presented a series of psychological reports from Henderson’s primary school record that described him as an unruly child with attention deficit hyperactivity disorder who had difficulty following instructions and performed poorly in school.

    Henderson’s mental ability has been a key part of the defense throughout the court proceedings.

    Henderson’s sentencing was delayed in February while his defense sought to eliminate the death penalty as a potential punishment for their client on the grounds his limited mental ability would make execution unconstitutional. The defense cleared the way for the sentencing to proceed when it ceased its challenge in May after deciding it would be unsuccessful.

    Armstrong hoped eliminating the death penalty as an option would prevent a repeat of the 2011 decision by Walker to overturn a jury recommendation of a life sentence in the capital murder case of his client Courtney Lockhart, an Iraq War veteran sentenced to death for the 2008 capital murder of Auburn University freshman Lauren Burk.

    The prosecution began its case on Friday by calling two witnesses to testify about Henderson’s alleged willingness to use violence, though one refused to testify.

    Alexandra Barfield, a female acquaintance, said Henderson had advised her months before Anderson’s death he would shoot the next officer who tried to pull him over.

    Henderson dismissed the claims as Barfield’s attempt to get attention, and under cross examination, she admitted she was high on meth when she made the statements to investigators.

    The prosecution was unsuccessful in admitting recent recordings of jailhouse conversations between Henderson and two women that Treese said demonstrate Henderson’s lack of remorse. The defense objected the relevance of the recordings on the grounds they did not relate to Anderson’s death and the state had not laid the groundwork for their admission.

    During the last testimony of the day, members of Anderson’s family and Lee County Sheriff Jay Jones described the impact of the deputy’s death in their lives as they requested the judge sentence Henderson to death.

    Speaking for the area’s law enforcement community, Jones lauded Anderson as a man who chose a career protecting others. Henderson, he said, chose a life on the other side of the law, and his choices during the traffic stop cost Anderson his life.

    “Along with him on the ground lay the shattered dreams of his family and friends and all of those he worked with,” Jones said.

    Corinna Anderson, the deputy’s widow, and her husband’s sisters described the heartache the family had endured.

    Corinna Anderson cried and the pitch of her voice grew higher as she described a nurse at the hospital telling her Anderson was gone and the hurt of having to tell members of the family.

    “I never felt so lost in my life,” Corinna Anderson said. “It is the hardest thing I have ever done in my life.”

    Corinna Anderson expressed sympathy for the Henderson family, but said she hoped Henderson’s children would find a better role model than their father.

    The women talked of the things Anderson would miss out on as a father and grandfather — never walking his daughter down the aisle or holding his beloved grandson again.

    “The main restitution I would like Gregory Henderson still has. He can breathe, and James can’t,” Anderson’s widow said.

    http://www2.oanow.com/news/2012/jul/...on-ar-4221491/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #17
    Administrator Heidi's Avatar
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    Gotta love Alabama!

    Judge overrides jury recommendation for second time in as many year

    Judge Jacob A. Walker III today overrode the recommendation of a Lee County jury and sentenced Gregory Lance Henderson to death for running over and killing Deputy James W. Anderson during a traffic stop in 2009.

    Jurors convicted Henderson, a Columbus recidivist, of murder last year and recommended by a 9-3 vote he serve life in prison without parole. Alabama judges have the final say in capital cases, and Walker had been urged by prosecutors and the law enforcement community to send Henderson to death row.

    Anderson had been trying to pull Henderson over off Lee Road 240 for a switched tag violation when Henderson began evading him. The deputy stepped out of his vehicle and ordered Henderson to stop when he struck him with his Honda Civic.

    Witnesses said Henderson floored the accelerator, crushing Anderson, who was unable to breathe as he was pinned between the car and the ground.

    Henderson maintained he was high on methamphetamine and marijuana, and that Anderson’s death was an accident.

    The sentence marks the second time in as many years that Walker has rejected a jury recommendation for life in a capital case. He used his judicial veto in March 2011 to sentence Courtney Lockhart to death for the murder of Auburn University student Lauren Burk despite a unanimous recommendation from jurors that Lockhart spend the rest of his life in prison.

    http://www.ledger-enquirer.com/2012/...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #18
    Senior Member CnCP Legend JLR's Avatar
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    Death sentence upheld on direct appeal on 10th of February 2017.

    https://cases.justia.com/alabama/cou...?ts=1486765825

  9. #19
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    In today's orders, the United States Supreme Court declined to review Henderson's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Numbers: (CR-12-0043)
    Decision Date: February 10, 2017
    Rehearing Denied: May 26, 2017
    Discretionary Court Decision Date: September 22, 2017

    https://www.supremecourt.gov/search....c/17-7546.html

  10. #20
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    U.S. Supreme Court won't review case of convicted Lee County cop-killer

    By Ivana Hrynkiw
    al.com

    The nation's highest court won't review the case of a man on Alabama's Death Row, who claims prosecutors at his 2011 trial improperly struck black jurors.

    The U.S. Supreme Court announced in its weekly order list that Gregory Henderson's writ of certiorari-- or request to review the case--was denied.

    Henderson was convicted of capital murder and sentenced to death for killing Lee County sheriff's deputy James Anderson. Evidence presented at trial stated Henderson ran over Anderson while attempting to flee a traffic stop in Smiths Station on Sept. 24, 2009.

    Henderson, of Georgia, was arrested by Anderson's partner when his car was stuck on top of the deputy. At trial, Henderson's legal team argued Anderson's death was an accident.

    In 2012, a Lee County circuit judge sentenced Henderson to death, overriding the jury's recommendation of life imprisonment. Henderson appealed to the Alabama Court of Criminal Appeals, but the court affirmed his conviction and sentence. He then appealed to the Alabama Supreme Court, who declined to review the case.

    Documents from Henderson's attorneys filed to the U.S. Supreme Court state that prosecutors struck nine of thirteen qualified black potential jurors, leaving two to serve on the jury. The strikes "violated [Henderson's] constitutional rights, as well as the equal protection rights of the excluded African American veniremembers," the filing says.

    "The State's arguments are unavailing and cannot be squared with this Court's precedent obligating the State and the courts to protect against racial bias in jury selection," the document, filed by Henderson's attorneys from the Equal Justice Initiative, states.

    A response filed by the Alabama Attorney General's Office states the prosecutor provided proper reasons to the court for her strikes, and Henderson never raised any objections or made any motions regarding the jury selection during trial. "Even when the prosecutor placed her reasons for each strike on the record, Henderson did not attempt to challenge them as being pretextual," the state's filing says. "Unless the trial court committed clear error by not declaring that the state's strikes were motivated by race... Henderson cannot prevail."

    "Once the prosecutor provided her reasons for her strikes, Henderson was in a perfect position to inform the trial court of any alleged pretext, inconsistencies, or other seemingly disparate treatment of jurors that were not adequately addressed by the State's proffer," the AG's filing states.

    Henderson, 46, is currently on Alabama's Death Row at Holman Correctional Facility in Atmore. An execution date has not been set.

    http://www.al.com/news/montgomery/in..._review_c.html

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