(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.
Matthew Shepard Killer Seeks Lighter Sentence
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