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GoogleLyndale Henderson testified on his own behalf Friday afternoon, Sept. 26, denying that he had any role in the slayings of Richard and Jessie Shepard.
Henderson's attorney asked him to account for his whereabouts the day before and the day of the murders, which occurred in the early hours of Monday, June 5, 2006.
Henderson described visiting the home of friends Sunday evening, June 4, and told how he was on his way back home when he and a friend met Daniel Berning, who asked them to help him sell an xbox.
The three tried several potential buyers and eventually were able to sell the xbox. Just before midnight, Henderson said he and Berning returned to his home. When he went to sleep, Berning was sitting in a chair in his bedroom, he said.
He testified that he did not see either Spencer Anderson or Carlos Lauderdale at any time that evening.
When he woke the next day, Berning was still in the chair, Henderson said. The two later met up with Spencer Anderson, and at some point Berning and Henderson went to the Marshall High School parking lot.
Henderson's attorney also asked him to recount several times in which members of the Missouri Rural Case Squad interviewed him. Both Darron Blankenship and Mark Gooden testified earlier that they had interviewed Henderson and had read him his Miranda rights.
Henderson denied making a number of statements attributed to him by Blankenship and Gooden.
Henderson's testimony concluded when his attorney asked whether he was involved in any way in the crime.
"No, sir. I was not," he said.
During early afternoon proceedings there was a moment in which it appeared Carlos Lauderdale would testify, but he did not take the stand, according to Marshall Democrat-News staff writer Kathy Fairchild.
Lauderdale was identified by Daniel Berning in his testimony as a fourth participant in the murders of Richard and Jessie Shepard.
Candace Roberts testified that she saw Berning, Spencer Anderson and Lauderdale in the vicinity of the Shepards' home near the time of murders.
At the end of testimony Thursday, Sept. 25, Judge Robert L. Koffman told jurors they could expect to be back in Marshall Monday, Sept. 29, to continue the trial of Lyndale D. Henderson.
Henderson has been accused of participating in the murders of Richard and Jessie Shepard in June 2006.
At the first morning session in Saline County Circuit Court, jurors heard testimony from county Coronor Willie Harlow and Missouri State Highway Patrol Trooper Darron Blankenship, according to Marshall Democrat-News staff writer Kathy Fairchild, reporting from the courthouse.
Harlow testified about his reasons for suspecting the Shepards' deaths might have been a caused by homicide rather than injuries suffered in a house fire, as investigators at first believed, Fairchild said.
He told jurors he was not satisfied by a fire marshal's explanation of the cause of the Shepards' wounds, and after touring the home with members of the Shepard family, who noticed things out of place, he became convinced that more investigation was needed.
Blankenship testified about his interview with Henderson, who initially was considered a possible witness to the crime but later became a suspect.
After the morning break, Mark Gooden, a member of the Missouri Rural Major Case Squad at the time, testified about his interview with Henderson, Fairchild reported.
Gooden said he took a statement from Henderson that focused on Daniel Berning, who has pleaded guilty in the case.
Henderson said he saw Berning the day before the crime occurred but didn't see him after that.
On cross examination, defense attorney George Batek asked both Gooden and Blankenship why they did not record audio or video of their interviews with Henderson.
Blankenship said recording interviews was not a practice he typically used. Gooden reported there was no recording equipment available in the room he used to talk with Henderson.
Also testifying during the late morning session was a 15-year-old girl, who told jurors that on the afternoon of June 5, 2006, she saw Berning and Henderson together in parking lot at Marshall High School.
The murders took place early that morning.
Update: Thursday afternoon
proceedings
Thursday's witnesses included forensics experts from the crime lab in Jefferson City and members of the Marshall Police Department, among others.
Prosecuting Attorney Donald G. Stouffer has not yet concluded the state's case; Henderson's attorneys Kathryn Benson and George Batek estimate they will have at least one day of witness testimony on behalf of their client, after the state rests its case.
Zona Henderson, a Marshall woman who had been charged with perjury before the grand jury in the case, testified Thursday morning under an immunity agreement with the prosecutor's office.
Henderson was asked if she had told former Marshall Police Officer Michael J. Griffin and at a later time, Det. Jill Markes, that she had overheard a conversation between Lyndale Henderson and others in which they discussed the commission of the crime.
Under oath, Ms. Henderson denied making the statements.
Following her testimony, Stouffer called Griffin and Markes to the witness stand, where they refuted Ms. Henderson's statements.
Markes said she personally interviewed Ms. Henderson and identified the statement signed by Ms. Henderson at the time.
Griffin recounted telephone conversations he had with Ms. Henderson and identified cell phone billing statements showing the calls.
Forensics experts testified in the afternoon that they had found no DNA and no fingerprint evidence linked to any of the three charged with the murders and additionally that they had found no DNA evidence linked to Carlos Lauderdale, the Marshall man identified by Daniel Berning in earlier testimony.
Editor's note: This isn't a sequestered jury, as we first reported. They are under the control of the Saline County Sheriff Wally George while they are in Marshall.
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 Friday after court proceedings recess and will bring them back for court on Monday, Sept. 29.
Jurors 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.
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
Just think
I agree with you to fullest. Lyndale has always been a caring soul... always. I've never known him to be "mean" or anything of that nature. Shawna on the other hand already treated her family like crap, and I cant believe she is still walkin!! Marshall is a dump and has been made that way by all the small minded people in that town. Lyndale will now never be able to live a productive life there, ever. And its a shame, thats his home town as much as anyone else's and besides his friends and family no one welcomes that.
I think that in the end everyone that was involved in this murder will get what they deserve...In a way i believe Henderson's innocence....I knew him when i was younger and at one point there was a group of kids ganging up on me and teasing me because my mom had died and i was in foster care, they were saying nobody wanted me thats why i was in foster care, they pushed me down and i was hurt, Henderson came over and chased them off, he helped me up and walked me home...I was 14 when that happened....It puzzles me that someone who could do something like that could do something so horrible like murder, if Berning and Anderson are capable of murder, they are very capable of lying...Like i said only in a way do i believe his innocence....But i'd like to know what about that Shawna Smith, she deserves to rot in prison just like the others, but that isn't happening is it..NO!!!! If Henderson is found innocent thats 2 years of his life gone, for nothing, while she has been able to live hers, he has been sitting behind bars, he didn't get to walk with his class, he didn't get to go to his senior prom, or any of those things that mean so much to teenagers...Its bull and something needs to be done about it...If not, marshall needs to rethink their values.
Why is everyone fighting in here? All of you should be praying for the family of the deceased and the young people who committed these crimes and their families! All of the truth will come out in the end, the jury is NOT from Marshall and hopefully have kept their vows and oaths to now look into the media regarding this case, and will be able to make a fair and just decision from what is presented in the court room. My heart goes out to the ones who lost loved ones to a tragic death as well as the ones who will lose loved ones to the criminsl justice system...and for the youngsters who have chosen to throw their lives away over material things of such little value. Please quit bickering and give it to God and hope all ends well and justice is served for ALL involved, including the ones who have not yet been charged, but were named as being involved!
How come the jury got to go home? I disagree with them getting to. First of all they may take an oath but who is to say that they will keep it and won't be talking about it, reading up on it on the internet, etc...Just like some of the witnesses take oath but are about the BIGGEST LIARS around. Zona Henderson is already in trouble for perjury. If I was Lyndale's lawyer I would call a miss trial first thing this morning. This county has always been crooked and wikk continue to be.I'm not saying Henderson is or isn't guilty but I just think he should have a fair trial and what I have been reading up on he by far will not have it. Its a shame.
lil bit....think we all should let them be tried by our peers without prejudice ...I have not seen many make wrong judgement against him nor the others ( everyone has own opinions)..I have seen IF they did.. I do read in alot of ur remarks of judging the others...yet from the first few lines of what you typed in capitol lettering in my opinion is making threats copied from ur words alone(FROM WHAT I SAW IN COURT UM LOOKS LIKE THE LAW DONE SOME VERY BAD THINGS TO HENDERSON AND AS FAR AS WHAT THIS TOWN THINKS OF HIM WELL IM SURE HIS FAMILY WILL MAKE SURE THIS TOWN DOESNT DO ANYTHING ELSE TO HIM. THEYVE DONE ENOUGH AND I HOPE HIS FAMILY MAKES THEM PAY FOR WHAT THEYVE DONE ALL OF THEM.)my views alone on this statement should never be not even in anger ...I hope and pray this will soon be over and everyone can move forward and for all involved have closure for all the families...May God bless you and everyone
FROM WHAT I SAW IN COURT UM LOOKS LIKE THE LAW DONE SOME VERY BAD THINGS TO HENDERSON AND AS FAR AS WHAT THIS TOWN THINKS OF HIM WELL IM SURE HIS FAMILY WILL MAKE SURE THIS TOWN DOESNT DO ANYTHING ELSE TO HIM. THEYVE DONE ENOUGH AND I HOPE HIS FAMILY MAKES THEM PAY FOR WHAT THEYVE DONE ALL OF THEM. AS FAR AS BERNING AND ANDERSON WELL THERES A BIG DIFFERENCE BETWEEN THEM AND HENDERSON THEY ARE CRIMINALS AND HENDERSON ISNT THEY FESSED UP BECAUSE THEY GOT CAUGHT AND LIED AND THE WAY IT LOOKS THEY HAD HELP IN LYING ON HENDERSON. THE LAW ITSELF HELPED THIS ALL COME TO BE. COME ON ITS BEIN BROUGHT TO THE LIGHT RIGHT IN COURT PPL ARE SEEING WHAT WAS DONE TO HIM AND WHAT THE LAW DID AND THEY NEED TO PAY FOR WHAT THEY DID LET THEM SIT IN JAIL FOR THE MISCONDUCT THE LIES AND CRAP THEY DID. AND NOT ONE OF THEM CAN EXPLAIN THEIR ACTIONS NOT ONE CAN COME UP WITH A LEGAL AND LEGITAMATE REASON FOR WHAT WAS DONE IN BRINGING CHARGES AGAINST HENDERSON. HES BEEN THRU ENOUGH AND ITS SICKENING TO SEE WHATS COMING OUT IN THE COURTROOM. TO THINK THAT THE PEOPLE WHO ARE SUPPOSED TO SERVE AND PROTECT WENT THRU SUCH LENGTHS TO MAKE AN INNOCENT PERSON LOOK GUILTY. THEY ALL NEED TO BE HELD ACCOUNTABLE FOR WHAT THEYVE DONE AND HOW THEY WENT ABOUT IT. AND IN FINDING OUT THE THINGS THEYVE DONE IT MAKES ME WANT TO LEAVE THIS COUNTY AND NEVER RETURN. ITS CROOKED AND WE ALL CAN SEE THIS BY WHATS COMING OUT IN THE COURTROOM. JUST A SHAME AND IM ASHAMED TO BE A PART OF A COMMUNITY WHERE LAW ENFORCEMENT DOES THINGS LIKE THIS. THEY NEED TO BE EXPOSED AND THIS TRIAL IS DOIN JUST THAT. GOD BLESS HENDERSON AND MAY GOD HAVE MERCY ON THE SOULS OF EVERYONE INVOLVED IN THIS CASE THATS TAKEN THIS CHILDS LIFE AND THE LIFE OF THE VICTIMS ITS JUST SICK! I CANT EXPRESS ENOUGH HOW SICK IT IS THAT THE VICTIMS HAD TO SUFFER THRU WHAT WAS DONE TO THEM AND I PRAY FOR THE FAMILY THAT THEY FIND CLOSURE AND CAN BEGIN TO REBUILD THEIR LIVES. NO MATTER WHAT HAPPENES IN THE END I PRAY FOR THE FAMILIES ON BOTH SIDES THEYVE ALL BEEN THRU ENOUGH!
I will open with the fact that I lived near where lyndale henderson grew up a long time ago. He was the little boy that got all his friends to participate in something he knew they shouldn't be doing, and when everyone got in trouble for it, he was the first to point fingers at someone else. Lyndale Henderson not only has a crappy story as to where he was, but also, one of his witnesses has already been charged with perjury before the grand jury in the case, this should be enough to prove that he's obviously trying to cover something up. At least the other two boys in the case were man enough to fess up to what they did, Henderson will be looked upon as nothing but a coward, no matter what happens to him in the end.
CARES NOT ABOUT ANY OF THE NEGATIVE COMMENTS BEING MADE ABOUT THIS CASE! AND GAL66 what makes you so sure henderson had anything to do with this? i have the right to voice my opinion and thats what im doin and i dont care what anyone else thinks. i stand behind henderson 100% and i always will. his fate will be decided by a jury and its up to them to decide whats what. you people are always so quick to judge someone without gettin any facts or even taking the time to get to know a person. thank god almighty his fate isnt left up to you. psych101 thank you for your comment truth is truth and its all coming out and if hes aquitted he still wont have a fair chance ignorance is all around and well thats what makes it so sad. may god bless henderson and the family of the victims and so far we are still waitin on the outcome of the other two mentioned in this case. but i hope in the end we can all come to terms and learn from everything thats happened.
There was no PHYSICAL EVIDENCE to charge any of the teens in the slaying! Of course he is going to deny his involvemnet!! Once the trial is over he should be charged with perjury as well! You are right litlmissme, everyone who was involved will be eventually judged in the end!
READ, It has been stated that THERE IS NO PHYSICAL EVIDENCE, I dont believe anyone is making any calls. They are commenting. Isnt that what this is for?
I am fairly certain that if evidence was not there to indicate that Henderson was an active participant, this trial would not be going on! Let the jurors decide; they are the ones in the court room hearing all the bitter details. It is not our place as outsiders to make that call. All involved will be judged in the end by someone greater than us anyway, the jury, or anyone else involved!
Gal66: The jury is only being sequestered here in Marshall; I erroneously reported they'd be in total exclusion for the duration. They are still under oath not to discuss the case over the weekend, and not to do any research of any kind during that period, either.
para-chic: Thanks for the correction. The coroner testified this morning. More on that in an update.
LIL BIT: I totally agree with you, from day one there have been so many people who have said Henderson was and still is innocent. What gets me is how Miss Smith's name is brought up like it is and they STILL have yet to do anything, why hasnt she been arrested yet? How is this fair to the innocent when the GUILTY walk away free. This is a bunch of bull, she needs to pay for what she has done. Rumors have it that she wasnt physically at the crime but that she was the mastermind of it all, so once again how is she still walking free. This makes no sense, if she was the one giving the information about the whereabouts of the money and all the other things people have said, where is her punishment? This has been a tragedy for BOTH sides, and there are always 2 sides to every story but the truth needs to and WILL be told and the innocent will be free and the guilty will be caught. In the end it will turn out how its SUPPOSE to be!
Just FYI the former MPD officer's name is actually Michael J. Griffin. I think it is a joke that they called in 90% of Marshall PD and left the department understaffed. So when is the Coroner who had the case unfold come to the stand?
Lil bit what makes you so sure Henderson was not involved?
I do have one problem if the judge thought the jury needed to be sequestered why are they being sent home for the weekend?
Sounds like a waste of tax payer money to put 14 people up in a motel all week and then send them home over the weekend.
Doesn't sending the jury home for the weekend defeat the purpose of them being sequestered all weekend.
LIL BIT: Henderson isn't being allowed only one day to prove his innocence. That is the amount of time his attorneys have estimated they will need to present their witnesses. The prosecution didn't "get" four days - that's the amount of time they said they would need to present their witnesses. If Henderson's attorneys had said they needed four days, too, they would have had them. If they said they needed even more time than that, they would have been given that amount, too. It all depends on how many witnesses each side wants to present and how long the attorneys think it will take to present their case. And it's an estimate, not something etched in stone.
they need to let henderson go with compensation for his loss over the last two plus years. there has still been no evidence presented to prove that henderson had anything to do with this crime. im seeing more conversation about other people then i am about henderson. he did plead not guilty and has maintained his innocense the whole way thru. i have not seen from the prosecution any facts placing henderson at the scene at all. why is he even on trial when this has been the case all along. bernings testimony was not convincing at all and yet again theres no proof to even back up what he claims happened as far as henderson being involved.this needs to end and the defense only get one day to present their case in hendersons defense, doesnt seem like a fair deal to me.how can he get a fair chance if hes only allowed one day to prove his innocense? i believe the prosecution got 4 days how fair is that? this isnt right. and if nobody else sees these things then something is seriously wrong. i pray for the best for henderson its sad to see this goin on.