Matthew Shepard's Killer Railroaded Lawyer Claims

Apparently, prison life isn't agreeing with Russell Henderson so well. He was one of two people convicted in the death of Matthew Shepard over five years ago. Now, he's claiming his rights were violated.

I only have this to say to Russell Henderson: What about the rights you took from Matthew Shepard? What about the life you stole from him? I hope you never see life outside of the prison you live in.

(Laramie Wyoming) A Wyoming judge will hear arguments this week that one of the men convicted of killing Matthew Shepard should be given a lighter sentence.

Russell Henderson made a deal with prosecutors to void the death sentence and pleaded guilty to murder and kidnapping in the brutal slaying of the gay college student in 1998. He is currently serving two life sentences.

With the help of a new lawyer he is seeking a sentence reduction claiming he was not given effective legal assistance during his trial.

Lawyer Tim Newcomb had earlier filed a motion saying his client's rights were violated after he pleaded guilty because the defense team allegedly did not discuss his right to appeal within 30 days. (story)

The second man convicted of Shepard's murder, Aaron McKinney, also is serving two life sentences for the killing.

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. The 21-year-old University of Wyoming student died five days later at a hospital from massive head injuries.

The trial was told that the pair targeted Shepard solely because he was gay.

A state district judge will hold a hearing on Newcomb's motion Tuesday in Laramie.

Assistant Attorney General Melissa Swearingen, in a brief to the court, said that Henderson fails to offer claim of error in the conviction process. That relief can come only when there is a strong suggestion of a miscarriage of justice, she wrote.

She also pointed out that Henderson pleaded guilty with no strings attached and understood he wouldn't be allowed to withdraw the plea if sentencing didn't go the way he wanted.

"The petition should be dismissed … because the ultimate relief Mr. Henderson is seeking is simply not available under Wyoming statute," Swearingen wrote. (source)