One of two men convicted of murdering gay college student Matthew Shepard five years ago wants a chance to argue for a lighter sentence, claiming he was not properly informed of his appeal options after pleading guilty.
In an agreement with prosecutors to avoid a possible death penalty, Russell Henderson pleaded guilty April 5, 1999, to felony murder and kidnapping in Shepard's death and received two consecutive life terms without parole. Henderson's current attorney, Tim Newcomb, filed a petition alleging the state's appellate lawyers "failed even to consult with
regarding any of his rights as provided by law following a guilty plea."
Under Wyoming law, a petition for postconviction relief must be filed within five years after conviction. Newcomb's petition was filed Friday, three days before the deadline. He asks that if state district judge Jeffrey A. Donnell finds that Henderson was denied effective assistance, a one-year clock be restarted for filing a request for sentence reduction.
According to authorities, Henderson and Aaron McKinney, both 21 at the time of Shepard's murder, 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. Police said the attack was motivated by robbery and Shepard's being gay. The crime drew worldwide condemnation and led to demands for stronger hate-crime laws around the country.
http://www.advocate.com/new_news.asp?ID=11989&sd=04/08/04
SNIP
This Bastard needs to die a very slow & agonizing death! I would even volunteer to throw the switch!