A Lee County Jury took half an hour to recommend Gregory Lance Henderson be sentenced to life in prison without the possibility of parole.
On Tuesday, the jury found Henderson guilty of capital murder for the 2009 death of Lee County Sheriff’s Deputy James Anderson.
Lee County Circuit Court Judge Jacob A. Walker III is scheduled to sentence Henderson in January 2012.
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11:50 a.m.
The jury retired just before noon to consider whether Henderson should recieve death or life in prison without parole.
During closing statements in the penalty phase, assistant district attorney Kisha Abercrombie reiterated the state’s claim there were aggravating circumstances.
Abercrombie reminded the jury about the forensic pathologist’s testimony that Anderson died of traumatic asphyxia trapped under Henderson’s car. She also reminded the jury of the broken bones, burns and hemorrhages Anderson suffered.
“He lay there and struggling for air as his bones were breaking under the weight of that car,” Abercrombie said. Abercrombie said the aggravating circumstance outweigh the mitigating facts.
Defense attorney Jeremy Armstrong asked again for life in prison without the possibility of parole, repeatedly telling the jury all life is sacred. “The killing of Lance in this case — state-sanctioned murder — will be revenge not justice,” Armstrong said.
Armstrong told the jury Henderson would spend the rest of his life in prison, “He will have to sit there and think about his actions … every day for the rest of his life,” Armstrong said.
Armstrong also reminded the jury of mitigating facts such as Henderson’s history of drug use, his troubled childhood and border line intellectual ability.
Lee County District Attorney Robbie Treese closed by reiterating his claim the defendant would stop at nothing to get away. Treese reminded the jury of the dashboard video from the deputies’ patrol car which captured Henderson’s attempted escape.
“I’m just asking you to remember … the murder in his heart,” he said.
Treese questioned the sincerity of Henderson’s apology.
“Remorse when it suits his purposed, remorse when he gets caught,” he said.
Walker instructed the jury if they find there are no aggravating circumstances for the death penalty, deliberations can cease. But if the jury finds any of the aggravating circumstances presented by the state, they must also weigh the mitigating facts for life in prison presented by the defense.
Walker said a verdict of life without parole must have a minimum vote of 7-5. For death, the minimum vote by the jury must be 10-2.
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10:45 a.m.
Prosecutors and defense attorneys rested their cases by about 10:30 a.m. before beginning closing statements in the penalty phase of the trial.
Henderson stood in the courtroom and apologized to the Anderson family.
“Nothing I will say will bring back Deputy James Anderson,” Henderson said. “I want to tell the family that I am sorry and I ask that you one day will learn to forgive me.”
Henderson refused to answer questions from Treese under cross examination. Treese asked whether Henderson knew deputies were trying to stop him and if he knew Anderson was being crushed beneath his car.
“Refusing to answer that one are we?” Treese said. Henderson was silent. “I’m not going to waste any more time,” Treese said.
The defense also called Henderson’s mother who portrayed her middle son’s childhood as troubled, including an early diagnosis of attention deficit disorder, alleged sexual abuse and teen drug use.
“He couldn’t sit still to watch a TV show,” Henderson’s mother said of her son as a 6-year-old.
“He couldn’t comprehend what you were saying … Always in trouble as far as home life.”
But she also described him as a loving father who wanted to be a part of his children’s lives.
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9:39 a.m.
Arguments whether Henderson should receive the death penalty began this morning in Lee County Circuit Court, a day after he was convicted of capital murder.
The Lee County District Attorney’s Office is asking the jury to recommend death while the defense is asking for life without parole.
Abercrombie said the state expects to prove five aggravating circumstances: Henderson committed the offense while on probation or parole; he has previous violent felony convictions; the offense occurred in an attempt to escape a lawful arrest; the offense was committed to disrupt the enforcement of the law; and Anderson’s death was heinous or cruel.
Armstrong asked the jury to consider the mitigating circumstances including Henderson’s borderline intellectual ability and history of drug use among others.
“You should consider all of those things,” he said.
Armstrong said the jury must decide whether or not Henderson is put to death.
“This man has some self worth regardless of where he has been in his life,” Armstrong said.
Henderson, of Columbus, Ga., killed Anderson while fleeing from a traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009.
Corinna Anderson, the deputy’s widow, called the conviction a fair one and said the family would let the justice system do its job.
“What we hope for we will never get, our husband, our dad back … That’s what we would hope for, but it is not going to happen,” Anderson’s widow said.
During the penalty phase, Henderson apologized to Anderson’s family and said he hoped they could learn to forgive him.
“It’s hard to forgive someone who took some one very special for us,” she said of Henderson’s apology. “But I hope some day we can.”
*****************************
11:50 a.m.
The jury retired just before noon to consider whether Henderson should recieve death or life in prison without parole.
During closing statements in the penalty phase, assistant district attorney Kisha Abercrombie reiterated the state’s claim there were aggravating circumstances.
Abercrombie reminded the jury about the forensic pathologist’s testimony that Anderson died of traumatic asphyxia trapped under Henderson’s car. She also reminded the jury of the broken bones, burns and hemorrhages Anderson suffered.
“He lay there and struggling for air as his bones were breaking under the weight of that car,” Abercrombie said. Abercrombie said the aggravating circumstance outweigh the mitigating facts.
Defense attorney Jeremy Armstrong asked again for life in prison without the possibility of parole, repeatedly telling the jury all life is sacred. “The killing of Lance in this case — state-sanctioned murder — will be revenge not justice,” Armstrong said.
Armstrong told the jury Henderson would spend the rest of his life in prison, “He will have to sit there and think about his actions … every day for the rest of his life,” Armstrong said.
Armstrong also reminded the jury of mitigating facts such as Henderson’s history of drug use, his troubled childhood and border line intellectual ability.
Lee County District Attorney Robbie Treese closed by reiterating his claim the defendant would stop at nothing to get away. Treese reminded the jury of the dashboard video from the deputies’ patrol car which captured Henderson’s attempted escape.
“I’m just asking you to remember … the murder in his heart,” he said.
Treese questioned the sincerity of Henderson’s apology.
“Remorse when it suits his purposed, remorse when he gets caught,” he said.
Walker instructed the jury if they find there are no aggravating circumstances for the death penalty, deliberations can cease. But if the jury finds any of the aggravating circumstances presented by the state, they must also weigh the mitigating facts for life in prison presented by the defense.
Walker said a verdict of life without parole must have a minimum vote of 7-5. For death, the minimum vote by the jury must be 10-2.
*****************************
10:45 a.m.
Prosecutors and defense attorneys rested their cases by about 10:30 a.m. before beginning closing statements in the penalty phase of the trial.
Henderson stood in the courtroom and apologized to the Anderson family.
“Nothing I will say will bring back Deputy James Anderson,” Henderson said. “I want to tell the family that I am sorry and I ask that you one day will learn to forgive me.”
Henderson refused to answer questions from Treese under cross examination. Treese asked whether Henderson knew deputies were trying to stop him and if he knew Anderson was being crushed beneath his car.
“Refusing to answer that one are we?” Treese said. Henderson was silent. “I’m not going to waste any more time,” Treese said.
The defense also called Henderson’s mother who portrayed her middle son’s childhood as troubled, including an early diagnosis of attention deficit disorder, alleged sexual abuse and teen drug use.
“He couldn’t sit still to watch a TV show,” Henderson’s mother said of her son as a 6-year-old.
“He couldn’t comprehend what you were saying … Always in trouble as far as home life.”
But she also described him as a loving father who wanted to be a part of his children’s lives.
*****************************
9:39 a.m.
Arguments whether Henderson should receive the death penalty began this morning in Lee County Circuit Court, a day after he was convicted of capital murder.
The Lee County District Attorney’s Office is asking the jury to recommend death while the defense is asking for life without parole.
Abercrombie said the state expects to prove five aggravating circumstances: Henderson committed the offense while on probation or parole; he has previous violent felony convictions; the offense occurred in an attempt to escape a lawful arrest; the offense was committed to disrupt the enforcement of the law; and Anderson’s death was heinous or cruel.
Armstrong asked the jury to consider the mitigating circumstances including Henderson’s borderline intellectual ability and history of drug use among others.
“You should consider all of those things,” he said.
Armstrong said the jury must decide whether or not Henderson is put to death.
“This man has some self worth regardless of where he has been in his life,” Armstrong said.
Henderson, of Columbus, Ga., killed Anderson while fleeing from a traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009.
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