![[SeMissourian.com]](http://www.marshallnews.com/images/nameplate.png)
RSS
Print
Email link
Respond to editor
Read comments (43)
Share link
del.icio.us
Digg
StumbleUpon
Technorati
Newsvine
Facebook
Furl
Reddit
Google
 Members of a local criminal justice class enter the Saline County Courthouse just before 8 a.m. Tuesday, Sept. 23, to observe the trial of Lyndale Henderson, accused of participating in the murders of Richard and Jessie Shepard in June 2006. (Eric Crump/Democrat-News) [Click to enlarge] [Order this photo] |
Opening statements in the trial ended at about 10:30 a.m., according to Marshall Democrat-News staff writer Kathy Fairchild, reporting from the Saline County Courthouse.
She reports that defense attorneys plan to call Henderson to testify.
Prosecuting Attorney Don Stouffer in his hour-long opening statement described the crime in detail, and mentioned involvement of two people who have not been charged, a relative of the Shepards and a Marshall man who is currently incarcerated in the Saline County Justice Center.
Stouffer said the man, Carlos Lauderdale, was present at the scene of the crime, along with Henderson and two other men, Daniel R. Berning and Spencer T. Anderson.
Berning and Anderson have pleaded guilty to reduced charges in the case.
In his opening statement, which took about half an hour, Defense attorney George A. Batek said, "There is not a single piece of physical evidence to connect my client to this crime."
He also said Henderson "barely knew" the other men who were involved, Fairchild reported.
Stouffer also noted how close the perpetrators came to getting away with the crime. The Shepards' deaths had at first been attributed to a house fire.
But Saline County Coroner William W. Harlow thought wounds on the Shepards' bodies were suspicious and family members noticed some household items out of place, Stouffer said, convincing Harlow that more investigation was needed. Stouffer said the Shepards' bodies were perhaps just hours from being cremated when Harlow ordered them taken to the medical examiner.
Kenny Deibel, son of Jessie Shepard, was the first witness called by the prosecution, Fairchild reported.
In his testimony, Deibel said his mother and stepfather kept large amounts of cash in the house.
"They put money in the bank to pay bills," he said, "but they kept the rest at home, in various places."
Deibel said the Shepards' health had been "going downhill" in recent years. Jessie had broken both legs in a fall and had "problems getting around." Richard had had a heart attack, but wasn't doing too badly, he said.
Deibel also testified that the house was "always in order," and that Richard was something of a "neat freak," and kept his workshop tidy.
Their tidiness, he testified, was what made family members wonder why there were signs of disorder in the house, which is what eventually led authorities, at Coroner Willie Harlow's insistence, to investigate further.
After Deibel's testimony, Ashley Payne was called to the stand.
Payne testified that she had known Lyndale Henderson for "maybe six or seven years," and that on the night of the murders was spending the night in a house close to the Shepards'. Payne said she saw "three males, one white and two black," one of them carrying an object she described as "something long," an apparent reference to the golf club allegedly used to attack Richard and Jessie Shepard.
Payne said she recognized Henderson by his clothing, jeans and a gray "hoodie," because she had seen him earlier that day wearing the clothes.
On cross examination by Batek, Payne admitted she'd said nothing to authorities until several months after the deaths about what she saw.
Rachel Deaton, the young woman whose 911 call summoned fire and police and sheriff's deputies, testified next.
Deaton is the young woman whose cell phone call alerted authorities to the fire. She said she and her then-boyfriend pounded on the door, trying to alert anyone inside the house about the fire, even calling the telephone number indicated on a sign outside the house. The sign was an advertisement for Jessie Shepard's cinnamon rolls and other baked goods she made in her home bakery kitchen.
Deaton was questioned by Assistant Prosecuting Joby J. Raines.
Then Stouffer questioned Berning, who stuck by his story that Henderson participated in the crime, according to Fairchild.
Berning testified that it was Henderson who started the fire that very nearly covered up the crime.
Berning also implicated Carlos Lauderdale and a Shepard family member as part of the group that planned and executed the crime.
Following a 4 p.m. break, Berning was cross-examined at length by defense attorney Kathryn N. Benson, Fairchild said.
Benson focused her attention on several plea arrangements Berning had made in the last two years, and Berning's various accusations of who was present in the Shepard house during the crime in each one.
But Berning stuck to his story that Henderson, Anderson and Lauderdale were all present and that they had received information that there was plenty of cash in the house from a relative of Jessie Shepard.
Testimony will continue tomorrow. Presiding Judge Robert L. Koffman said the morning would be devoted to viewing a videotape and expert testimony.
The Clay County jury arrived at the Saline County Courthouse shortly after 7:30 a.m. Tuesday, Sept. 23. The jury will be sequestered during the trial.
The jury consists of six men and six women, with 10 white and two black members.
The trial is scheduled to last until Friday, Sept. 26.
More information to follow as available.
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please ![[Order this photo]](http://marshallnews.mycapture.com/mycapture/remoteimage.asp?backtext=Return%20to%20site&backurl=http%3A%2F%2Fwww.marshallnews.com%2Fstory%2F1463604.html&thumbpath=http%3A%2F%2Fwww.marshallnews.com%2Fphotos%2F11%2F70%2F59%2F1170595-S.jpg&previewpath=http%3A%2F%2Fwww.marshallnews.com%2Fphotos%2F11%2F70%2F59%2F1170595-L.jpg&pricingsheetid=1511){kind=link}
Good call amh,
since murders happen nowhere except for Marshall, MO the murder capitol of the world.
Yep, and what about Robert Blake? Found innocent of murder because there wasn't enough evidence to say he did, or that he didn't kill his estraged wife.
Yep, a jury found OJ Simpson not guilty also!
YEAH THEY FOUND HIM NOT GUILTY AND ITS BS!!! SO GLAD I MOVED AWAY FROM THAT TOWN NOW I DONT HAVE TO WORRY ABOUT ANY MURDERS KILLING ME OR MY FAMILY!!!!
I believe there is alot of people that have compassion for the victims, but at the same time there is compassion for Lyndale, People need to look at it from both sides... Jury found him not guilty, didnt they??
WOULD YOU LIKE TO TELL ME WHY WE NEED TO HAVE COMPASSION FOR THE PEOPLE THAT KILLED THEM!!!!! WHERE IS THE COMPASSION FOR THE VICTIMS IS WHAT I WANT TO KNOW !!! THEY DID THE CRIME NOW DO THE TIME!!! NO COMPASSION FOR THE PEOPLE WHO DID IT!!!!
Who's to say that the names arent getting mixed up, you got Lyndale and Lauderdale, and they kinda look alike, HELLO, And from what i also heard, that Miss Smith was seeing Carlo's Lauderdale.... But then again WHO KNOW'S...
Wasn't Holly Hopkins seeing Spencer Anderson, And now she's dead, Something smells a little fishy..
Just one big screwed up mess!!!
Marshallmoresident, I heard the same thing!!! That carlos had threatened them to say that. And he is a very dangerous guy, I know this for a fact, he was always trying to hurt someone or set someone up. !! Im glad u brought that up
Hey marshallmoresident, you are right! Her parents didnt have anything to do with her for years. Thats why she was living here with her grandmother. She would have to call other family members to contact her parents for her because they didnt want to talk to her or her grandmother because of all the stuff she has done. I know of a girl who had talked to her and found out some family history and she failed to ever even mention the fact of having a brother or sister, now thats sad and that shows how much she DONT CARE about her family! And seeing as how she didnt care about her immidiate family, why would she care about her great aunt and uncle? So tell me why after all these years of her parents not wanting to EVEN SPEAK TO HER does she move back home with them? My thought on it, word started to get around alot more then what she thought it would and she got scared that she was going to end up in some trouble for being involved so she moved with daddy so he could protect her. But that is not going to happen! Yes he is a cop but thats not going to keep this girl from going down! Her name has been a part of this from day one and will continue to be a part in it until the day they LOCK HER UP! And honestly I cant wait to see it!!!
The only people who know who was there are the people who where there… Here's some assuming just like a lot of other assuming that has been going on, Maybe Carlo's threaten the other boy's, that if they told it was him there, instead of Lyndale, he would do something to their families… Hmmm, just some assuming… I've HEARD that Carlo's looks a lot like Lyndale, don't know because I don't know him…I'm not saying that Lyndale is or isn't innocent, I say, get the evidence when it's there, then I guess we will all know if he is or not, And if he is guilty then yes, he does need to pay, he could end up going to prison without any evidence, and how fair would that be, they need to get the evidence on the table…Without that, how can everyone assume that Lyndale is guilty. Berning has always been a liar, Maybe Lyndale had heard them talking about doing something like that and he told them they were crazy and it offended Mr. Berning, JUST SOME ASSUMING….I'm not stating any facts because i dont know, Maybe Mr Berning was jealous of Lyndale, WE JUST DON'T KNOW… If anyone, knows about people having sick minds, and has ever worked with these kinds of people, then you know their minds work in sick ways… I'm not trying to say insane I Mean just right out sick, and I believe Mr Berning has some issues…
Berning has always had problems… As a young child he was a very angry person, he was very mean to the neighborhood children, when this happened, it did not surprise me that he had done this…
And so I've heard that Miss Smith is another story, but then again I don't know because I don't know her, I do know some of her family, And just because her dad is a policeman, DOES NOT MEAN that she is off… I know it does look that way, (and it could go that way) but that does not mean she is out of the water, they are going to have to get the evidence, without that, what can be done, But then again, if there is any evidence against her, they could be hiding it, we just don't know, the jury cant go on hearsay, If she is guilty, then yes, she needs to pay for her crime, From what I understand, and that is that her parents don't have much to do with her and haven't way before all of this happen..
It's just a shame that all of this took place, and none of us will ever know the total truth..
palmtrees: This isn't a sequestered jury, as we first reported. They are under the control of the sheriff while they're here, though. He and his staff bring them to the courthouse, take them to breakfast, lunch and dinner, and wherever else they need to go. The sheriff also transported them here from Clay County and will take them back there today and bring them back for court on Monday.
They are under oath not to discuss the case with anyone and not to do independent research or read anything about it while they're not in court and that includes the time they are away from Marshall this weekend. If they violate those rules, there are penalties.
Oh pleease! This boy Henderson was also there during the crime that night. Again, why would Berning implicate him in the crime if he wasn't a part of it? Is there a motive for him lieing? Berning has already admitted to his own involvment. It's not like Berning is wanting an innocent person to take the rap for him.
I beleive if Henderson is set free then the horrible murder of the Shepards will not be fully vindicated! I also hope little Ms. Shawna Smith who was running her mouth about the money in her great aunts house gets what's coming to her also. I feel she was enticing these boys to commit this horrifying crime!
And please. don't make this out to be a racial issue. It doesn't matter if your black, or white. If you commit a crime you have to pay! There have been plenty of white people sent to prison for crimes.There have also been white people who have spent years in prison and later were found to be innocent through DNA testing.
To clear up one point: Shawna Smith, whom Daniel Berning identified as the person who told him and others there was money in the Shepard house, is the granddaughter of Jessie Shepard's sister, Wanda Smith. That makes her Mrs. Shepard's great-niece.
people want to point fingers and blame everyone else. The problem with simple minded people is they fail to realize that everybody has a brain, a conscious, and the ability to walk away from a situation if they do not approve of it. If this boy is such a good person with the intelligence to be on an honor roll student then he should have been able to make a decision of self preservation and not go in the house with them. if the family wants to blame someone start on their front porch why was he out at that time of night. RESPONSIBILITY STARTS AT HOME WITH PARENTS.
Lil Bit, was Lyndale not capable of making responsible decisions while hanging out with Daniel? And this is not Lyndale's fault but Daniel's, is this really what you are saying? Simply because of juvie records?
I believe every single indivual in this world is responsible for their own actions, no matter how heinous or inconsequential.
Cutler, that incident with the MSHP is not how you portrayed it, Lyndale was in the car and someone else was driving.... So what was he supposed to do, Maybe you should brush up your facts before you put it out there.
Marsue, the family member that is implicated as being involved would be Shawna Smith, she is like their neice or something. She should be locked up too
Sweetie pie, Lyndale wasnt friends with these other two, not really,more like aquaintences never seen him around him and I was pretty close with him. As for evidence, all they have is testimony from other people, no physical evidence
Hey there Lil Bit, How about the time Lydale chose to run from a traffic stop, fleeing on foot from a MSHP Trooper. He was caught and taken to jail. Guess that doesn't qualify as 'trouble'? And it appears you blame 16 yr old Berning for all of Lyndale's troubles, as if he was the ring leader. You obviously know nothing of these folks. You need to prepare for Lyndale spending the rest of his life in prison, where all 3+ belong.
I ADDRESS THIS TO HENDERSONS MOTHER, AND FOR THOSE OF YOU THAT DONT LIKE WHAT I HAVE TO SAY TO HER WELL WHO CARES. IM SORRY FOR EVERYTHING THAT HAS HAPPENED TO YOUR CHILD. IF BERNING HAD NEVER ENTERED YOUR SONS LIFE HE WOULDNT BE WHERE HES AT RIGHT NOW. IT TOOK A KID TO BE RELEASED FROM JUVENILE CUSTODY TO BREEZE THRU TOWN AND RUIN A LOT OF PEOPLES LIVES.THINGS WERE NORMAL WHEN BERNING WAS NOT WALKIN THE STREETS HE GETS OUT AND NOW PEOPLE ARE DEAD AND YOUR SON WHO HAS NO PRIORS AND HAS NOT BEEN IN TROUBLE LIKE BERNING AND WHO HAS NOT BEEN A PROBLEM FOR SOCIETY IS ON TRIAL FOR SOMETHING HE DIDNT DO. I CAN ONLY IMAGINE WHAT YOU ARE GOIN THRU AND TO WALK A DAY IN YOUR SHOES I JUST COULDNT IMAGINE WHAT ITS LIKE FOR YOU AND YOUR FAMILY. DONT LISTEN TO WHAT THESE PEOPLE ARE SAYING DONT LET THESE NEGATIVE COMMENTS GET YOU DOWN YOU KNOW YOUR SON BETTER THAN ANYONE AND DONT YOU DARE LET THESE PEOPLE TAKE YOUR FAITH AND BELIEF THAT YOUR SON WILL BE SET FREE. LET THEM TALK ITS OK YOU KNOW WHO HE IS YOU KNOW HIS HEART. AND I KNOW IT HURTS TO SEE AND HEAR WHAT PEOPLE SAY AND TO ME THAT JUST LETS YA KNOW THAT THEY HAVE COLD HEARTS AND GOD WILL DEAL WITH THEM. KEEP YA HEAD UP AND DONT WORRY.
What would Daniel Bernings motive be to point fingers at Henderson as being with them, and taking part in this horrible crime if Herderson wasn't infact there? What would Berning have to gain by lieing about this? Can one of Herdersons supporters answer me that?
I have seen where people have put that Lyndale was such a good kid. Do you people not remember Ted Bundy I really do not see Lyndale as any different. I just really want to know if he did do it (which I honestly believe he did) how he can live with himself. NOBODY has the right to play god and take someone else's life. If he didn't then he really should have picked better friends. I just hope and pray the jury uses common sense in this trial and that the outcome is the way it should be. If there wasn't any evidence to tie Lyndale to the crime in the first place he would not be sitting in jail to begin with.
I didn't bring racism into this, his family and friends have. I'm just pointing out how f*#$in stupid some people are. Imagine what would be required to pull off a "frame" of someone that had nothing to do with it. It would take a hollywood screenwriter to come up with that stuff. So I guess I'm just tired of people talking about how good this kid was, as we hear how he "allegedly" took part in the butchering of two elderly folks. How many times have we seen in the media, the neighbor or family member of a killer say, "I didn't think he was capable of doing that, seemed like a nice, quiet guy". Use some COMMON SENSE!
The jury is well aware that the two people with criminal records who testified yesterday (Berning and Payne)do have criminal records. It was addressed in their testimony and since both were shackled and in prison orange jumpsuits, it was obvious to the jurors where they had been until they testified. The rest of the testimony yesterday and today was from Jessie Shepard's son, the medical examiner, a woman who reported the fire and a Marshall police officer.
That's right "POOR LYNDALE".........Mrs. Cutler. Lyndale was in football the A plus program at high school he was a very good student.he was respectful etc....and here you go smarting your mouth off about an african american. And then you want to say put that behind us you need to be the one to put it behind you. I am so tired of the racist stuff.
DAgates, all that is being said is that the jury knows nothing about the people that are testifying against lyndale... they are being portrayed as honest law abiding citizens when they are not when some people will do anything to get themselves out of trouble... the purpose of these comments sections are so that the people in our community can voice their opinion about what is going on.. and thats exactly what we are doing. We arent putting these here for the jury to see but maybe they should, they have been able to see all the stuff on the news about it for the past two years, I dont know if you realized yet or not honey but news.. well more like gossip travels fast in the grand state of missouri.. you think these people havent already known about this stuff.. anyway most of these people who are leavin comments actually care about this trial the outcomes of it will have an effect on their lives in some way, they arent just on here being nosy like some. We arent dumb, we know the jury doesnt see this, we just want to voice our opinion and maybe if you didnt know smart one thats a right given to us by the constitution. Have a grand day gates.
Poor Lyndale, imagine the conspiracy required to frame an innocent african american male. Especially one with such great character and folks speaking his praises here. All those witnesses, coerced by the racist police, what a tragedy. Thought those days were behind us.
Common Sense
Mr. Gates........first off know one is trying to sway anyone. I am just stating the facts about certain people who are testifying. Thank god you are not on te jury because i can tell you are one of those who has already convicted Lyndale. And as for the jury this story was talked about on every news channel o tv and what about all the news coverage in the online edition that has been talking about it for the last 2 weeks. Starting Monday is when the jury was told no tv,no computer,etc...but what about the days and months before. I hope and pray that ifan when lydale is set free that him and his family gets everything thats coming to them
Actually the jury was brought in from outside of Saline County and are held behind closed doors after court without access to the media whether it be tv, paper, radio and you guessed it "THIS BLOG" So if you think your comments will be seen by jury and somehow sway them...think again! The jury is picked by both the prosecution and the defense and are agreed upon by both. The evidence will be presented and the jury will decide based on the evidence presented whether Henderson is guilty or not and not on speculation presented here.
I have to agree with justme they do need to do character checks on those who testify. My understanding is that MRS. Ashley Payne got her own self into some trouble and then gave the evidence that she seen Lyndale. My step daughter went to school with Ashley and said she's a hubitiual liar and always has been. As for Lyndale I do not see that he will get a fair trial for the fact that the public has convicting him before the trial even began. I hope and pray that justice will be prevailed.
I am so glad to hear that he is finally getting his chance to tell his side of the story, and I am praying that everything turns out in his favor. I have known Henderson for a very long time, he was a good friend of my brothers and even came and visited us out of state at times. He is not capable of such crimes and hopefully the jury will see this. Also maybe they should do some character references on the people they are having testify, because if you ask me they arent very trustworthy people, and the jury should know this. I would also like to know why these other two are out without these charges while Henderson had to sit for two years. They need to get them off the streets. Anyway I pray that all will turn out right, and justice will be served and Lyndale will finally be able to go home where he belongs. Good luck to him and his family you are in mine and my mothers prayers.
To NONO coment! If a family member had a part in it and walking free, well we all know when it is a cop child, they are proteced.. It is unfair, but that is the way Marshall works.. My heart goes out to the family and finds justice, doesn't matter who it is............
Thank you! I appreciate the extra info. :)
I want to know why the family member that we all know had part in it is still walking free? Cause dads a cop and is protecting this person? I think it a bunch of crap.
news across: Missouri does not have the penalty for kids this age. In fact, it's not longer possible in the U.S. to execute anyone younger than 18. You may want to look at the information I posted earlier on that subject in my blog on the left side of the front page.
I am absolutely shocked at the coldbloodedness and ruthlessness of these murderers.
I rarely say this, but I really hope these boys fry for what they have done. This is just so terribly hideous. How can this happen in a community as nice as Saline County?
I just don't get it.
i pray for the family that lost so much in this mess. but i also pray that henderson will be done fairly and will be set free. ive known him a long time and i know and believe in his innocence. his heart is made of gold and he would never participate in such horrible things. i believe this kid deserves a fair trial and will finally be heard. he deserves to be heard hes sit for over two years in jail maintaining his innocence and fighting for his life. may god bless him and the family of the victims. its tragic and should have never happened but the truth will come out and the guilty will be punished and the innocent set free. may god bless all involved and i pray for hendersons aquittal and that the others named in this horrible crime be charged as soon as possible. lets remember berning named two other people and they are still walkin the streets thats not safe. why havent they been charged yet? they are a danger to society. henderson was implicated and arrested so why havent these others been arrested? well hopefully the system will work in hendersons favor and the real perps be charged. the family member mentioned in this case its sad to think that family would do such a horrible thing to their own. this family has been thru alot im sure and i feel for them now that the truth is comin out because it would kill me to know that my own family had a hand in such horrible horrible crimes. again god bless all involved and may justice be served to the guilty and the innocent.
For the people who did this crime I pray that God see's you burn in Hell. May you know the pain you caused by killing, our loved ones. The couple you killed, would have done anything you asked, they were loving and kind to all. We Thank God for helping us find the truth. Tiny & Rd they will be missed and loved forever, May they rest in peace.
I don't know much about this trial or the events that lead to it, but I must say they sound like a particularly nasty pair of murders.
It is beyond me how anyone can take the value of human life for granted like that.
I wonder what great treasure the killers thought they were going to get by depriving these good folks of their precious lives?
Oh and just out of curiosity, Missouri does still have the death penalty doesn't it?
I agree with Imaloony, this article is unclear.
I'm all for the Internet as a way to rapidly transmit news, but let's not get so carried away with speed that we forget that good writing is still the hallmark of American journalism.
Question: who is Deibel? Is he the medical examiner? What did he testify to? This is unclear.
I accidentally deleted the first reference to him. Kenny Deibel is a son of Jessie Shepard.
Lord,
I ask in your name, to guide each day, all of those involved to the truth. May the innocent go free with out human judgement. May the guilty be judged and punished, in your ways.
In JESUS' name, I pray...
Wow. I hadn't seen it in a while but that courthouse is lookin' rough.