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Updated April 2, 1999, 2:49 p.m. ET Speculation of guilty plea for Henderson emerges as judge postpones scheduled of resumption of jury panel
The speculation arose Friday after Judge Jeffrey Donnell postponed the resumption of jury selection scheduled for Monday and announced that there would be a public hearing on Henderson's case instead. Neither the lawyers involved nor Judge Donnell would specifically reveal the purpose of Monday's hearing. But given the defense's admission during jury selection that Henderson witnessed but did not participate in Shepard's murder, and that the victim's blood was on his jacket, rumors of a plea deal have begun to surface. Henderson is one of two men who could face the death penalty for allegedly murdering Shepard, a gay college student, on October 1998. Henderson's defense has insisted the slaying was not a hate crime but a robbery gone wrong. But those lawyers also stressed that he did not benefit from the robbery proceeds. Prosecutors say Henderson and his co-defendant, Aaron McKinney, pretending to be gay, lured Shepard out of a bar and into a pickup truck. Then, they say, the pair brutally pistol-whipped him, robbed him, and left him tied like a scarecrow to a fence on a remote road. A bloody, unconscious Shepard was discovered tied to the fence 18 hours later and taken to the hospital, where he died after several days. McKinney will face trial in August, and Henderson's testimony against his friend would bolster the prosecution's case. Lawyers in the case finished selecting a panel of 47 jurors Wednesday, and had hoped reconvene Monday to whittle the group down to the final 12, with three alternates. Both prosecutors and defense attorneys had difficulty selecting a panel of jurors because several candidates were not willing to be separate from their families and businesses and sequestered for an expected three-week trial. In addition, both sides had to find prospective jurors who were both willing to give the death penalty and consider a life sentence. While blaming McKinney for the murder last week, Henderson's lawyers admitted that their client drove the truck into which Shepard was lured. If Henderson does not strike a plea deal, opening statements are scheduled April 7. Court TV's Clara Tuma and The Associated Press contributed to this report. |
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