Matthew Shepard Killer Seeks Lighter Sentence

http://www.365gay.com/newscon04/04/0...pardParole.htm

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(Cheyenne, Wyoming) One of the men convicted of murdering Matthew Shepard in 1998 has petitioned the courts for a lighter sentence arguing he was not properly informed of his appeal options after pleading guilty to the slaying of the gay student.

In a bid to avoid the death penalty, Russell Henderson pleaded guilty murder and kidnapping in Shepard's death and received two consecutive life terms without parole.

Wednesday, Henderson filed a petition alleging the state's appellate lawyers "failed even to consult with (Henderson) regarding any of his rights as provided by law following a guilty plea."

Under Wyoming law, a petition for post-conviction relief must be filed within five years after conviction. The petition was filed just three days before the deadline.

The petition asks if the court finds Henderson was denied effective assistance that a one-year clock be restarted for filing a request for sentence reduction.

The second man convicted of Shepard's murder, Aaron McKinney, is serving two life sentences for the killing.. To avoid the death penalty, he agreed to give up his right to appeal and not talk to reporters about the case.

During their trial the court heard that Henderson and McKinney, both 21 at the time, kidnapped, pistol-whipped, robbed and left Shepard tied to a fence outside Laramie in October 1998. Henderson maintained that he had only driven the car and tied Shepard to the fence but that it was McKinney who beat Shepard. The 21-year-old University of Wyoming student died five days later at a hospital from massive head injuries.

Police said the attack was motivated by robbery and Shepard being gay. The crime drew worldwide condemnation and led to demands for stronger hate-crime laws around the country.

But, in his motion to the court this week, Henderson's lawyer, Tim Newcomb, says his client is also a victim.

Newcomb argues in the court filing that had Henderson been properly advised, he could have filed for a sentence reduction and argued that his penalty was disproportionate compared to McKinney's and the sentence of a man convicted in the death of Henderson's mother.

The body of Cindy Lee Dixon was found on a snow-covered rural road about eight miles north of Laramie on Jan. 3, 1999, while Henderson was awaiting trial.

Dennis Leroy Menefee Jr. was accused of picking her up on a street corner, raping her and kicking her out of his vehicle on a night when the wind chill was 40 below zero. An autopsy revealed she had frozen to death while walking back to town.

Menefee pleaded guilty to manslaughter and was sentenced to four-to-seven years in prison.

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This is just crazy.. surely the courts can see that it is a last ditch attempt to try and get out of paying for his crime to society?

I man c'mon filing 3 days before the time limit is exceeded :boom:

Regards,

Lee

They just won't stop attacking Matthew, will they? It just keeps opening the wound over and over and over again... I've never been a supporter of the death penalty, but I remember getting into an arguement about it with some guy...he got all self-righeous and said something about not executing those guys with "Think about it.. would Matthew have wanted the death penalty?"

I said "No, probably not, but he got it anyway".

If you haven't seen "The Laramie Project", do yourself a favour and go pick the DVD up. At least rent it. It's about the town after the whole thing took place. for those of you who grew up in small towns, you'll totally connect.. the town's people all go on about how that little town is "Live and let live"... every town says that, but what they really mean is "Hide from me, and I'll let you live".

anyway... let's hope that he rots in jail.

i'm wondering how many times he's been raped already

while normally...i think of rape as heinous and inexcusable...there seems to be some sort of danteic (i love making up new words) inferno-style justice here. because you know...that small town boy who knew nothing but the hate he'd been taught by age 21 is going to spend the rest of his life in jail re-living a nightmare.

I think I am going to be sick... I am so mad about this and how dare that lawyer say his client is a victim as well and that he only tied Matthew to the fence... This is one of the events that has stayed with me and so I urge you to email Wyoming lawmakers and say a lighter sentence would mean no justice and would truly be another heartbreak for Matthew's family again.

Visit http://matthewshepard.com

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Wednesday, Henderson filed a petition alleging the state's appellate lawyers "failed even to consult with (Henderson) regarding any of his rights as provided by law following a guilty plea."

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Rights??? OMG!!! What "rights" does he think he should have after what he did. I was horrified by this whole thing when it happened and I still shudder when I think about it. I heard a part of a report from one of the people that found Matthew and the details of what this person saw went way beyond anything the news reported. It was just grisly. I think these two guys gave up any rights they ever had the very minute they decided to torture and murder this young man. And you know, the death penalty would be too good for them, let them rot in prison for the rest of their lives and whatever horrible things that might happen to them for the next 60 years would only be a fraction of what they deserve. Grrrr. :mad:

This is unreal!

The sad part is most criminals do get off on technicalities. And while this does look like a last ditch effort, if the can prove it is true then he can get the lesser sentence.

This just makes we ill. Can we PLEASE let Matthew rest.

Thanks for the link Holly! I, for one, will certainly be writing to make my voice heard.

Gary

I think it's disgusting how many more *rights* murderers have in this country than their victims. 3 days before the deadline? Give me a break. A 1 year extension because we waited until the 11th hour? Oh please!

I agree - let poor Matthew rest in peace... let his murderers be punished once and for all... let his family and all those who loved and were touched by him around the world know that justice has been done and that his memory has been honored.

How sad...

Henderson never mentioned his mother, not even to friends he had known for 10 years. "I asked him once where his parents were. He said his parents were dead," said Maggie McKinney, 23, who lived next door to Henderson.

Copyright 1998 The Topeka Capital-Journal

Looks as though his tune has changed. Does anyone know any more about Menefee, (the guy that murdered Henderson's mother) Was this a "revenge" crime? (Is that obvious?)
~Miranda