In this Rogers County jury trial, Mr. Henson’s client was charged with two counts of Lewd Molestation, two counts of Forcible Sodomy, two counts of Child Endangerment, and was facing a total of 84 years in prison, as well as lifetime registration as a sex offender. The client’s stepchildren, one male and one female, came forward in 2009 and claimed the sexual abuse began in 2001 when the girl was five and the boy was six, and ended in 2003 when the client moved out of the family home. The children were thirteen and fourteen when they came forward with their accusations, nearly eight years after the abuse supposedly began.
In their written statements and forensic interviews, both children accused the client of raping the girl every other day, forcing her to perform oral sodomy, and forcing her to touch his genitals. Both children claimed that the boy was forced to watch this alleged sexual abuse on two separate occasions. In addition to the step children, the client had four biological children with the children’s mother. Two of those biological male children were born with cerebral palsy. In addition to the sex crime allegations, the male stepchild accused the client of various acts of physical child abuse.
In order to show that the children were lying about everything, the defense introduced into evidence all of the rape and physical abuse allegations to show the jury the children had told different stories every time they were questioned. The prosecution wanted to keep those allegations out of the trial, but they were critical to the defense and the judge allowed them into evidence. The client took the stand in his own defense and denied all of the allegations. The jury acquitted him of all six counts after deliberating one hour and fifteen minutes. After nearly two years in jail, the client walked out of court a free man!
Tulsa County District Court
In this Tulsa County jury trial, Mr. Henson’s client was charged with First Degree Burglary and Public Intoxication. First Degree Burglary is classified as a violent felony under Oklahoma criminal law, and is an 85 percent crime, meaning the client would have to serve 85 percent of the sentence imposed before being eligible for parole consideration. First Degree Burglary also carries a minimum of 7 years in prison to a maximum of 20 years in prison, and a $10,000 fine. Furthermore, First Degree Burglary can never be expunged from a criminal record. Public Intoxication is a misdemeanor that carries from 5 to 30 days in the county jail and a fine of at least $10 to a maximum of $100. The client was facing up to 20 years in prison, a $10,000 fine for the burglary, plus 30 days in jail, and a $100 fine for the public intoxication charge.
The client was a veteran who was enrolled as a full time college student with a double major in physics and mathematics. He obviously had everything to lose in this case. One evening while out with friends, the client got extremely drunk. He had consumed more than 25 drinks during the evening, and his last memory was ordering a double gin and tonic at a bar. His next memory was waking up in the Tulsa County Jail wondering why his picture was being taken by a deputy sheriff. The prosecution accused him of breaking into a home at 2:00 in the morning that was occupied by a young woman. The client had absolutely no memory of this event. From the beginning of the case, there was never a dispute that the client was intoxicated in public, but there was a dispute about the alleged burglary. Mr. Henson argued these facts to the jury by admitting in opening statement that the client was guilty of public intoxication, but that he was not guilty of First Degree Burglary. The trial testimony revealed that the client was banging on the woman’s door with his fists and the top window of the door was broken out. Mr. Henson argued to the jury that if the client was guilty of anything, besides public intoxication, it was malicious mischief, a misdemeanor.
Ultimately, the jury agreed with Mr. Henson and found the client not guilty of First Degree Burglary and not guilty of misdemeanor unlawful entry. The jury did find the client guilty of misdemeanor malicious mischief and public intoxication. The jury recommended the client be sentenced to 30 days in jail and fined $600. At formal sentencing, Mr. Henson was able to convince the judge to suspend the jail sentence as well as give the client deferred sentences, instead of misdemeanor convictions as the jury recommended. The judge agreed and the client was released from jail and is now on deferred sentences for the misdemeanors, an extraordinary result. Since he was acquitted of the burglary charge, after the client successfully completes the deferred sentences, he will be eligible to have his entire criminal record expunged!
Tulsa County District Court
In this Tulsa County case, the client was charged with Trafficking in PCP. The client had three prior drug convictions and was facing life in prison without the possibility of parole (LWOP). The client was arrested and two ounces of alleged PCP were discovered in his coat pocket. The police claimed they arrested the client because they discovered he had an outstanding warrant for traffic tickets. The police then claimed the search of the client’s pocket was a search incident to arrest. Mr. Henson conducted a thorough investigation and discovered that the officers were not aware of the outstanding traffic warrant until after the client was arrested and booked into jail. He issued subpoenas for the data from the officers’ patrol car computers, the police radio transmissions that the officers made to the dispatcher, and he also issued subpoenas for the officers’ personal cell phone records. There was absolutely no record of the officers ever calling in for the client’s record before the arrest. This meant that the officers had conducted an illegal search of the client and they had illegally seized the alleged PCP, because they did not have probable cause to believe a crime had been committed. Mr. Henson then filed a Motion to Suppress the Illegally Seized Evidence. The judge agreed the evidence was illegally seized and the evidence against the client was suppressed. Without any evidence, the case was dismissed and the client was set free!
Tulsa County District Court
In this Tulsa County felony case, the client, along with her codefendant, were charged with embezzling in excess of $46,000 from a local company. The client, who was earning a six-figure income and had worked at the company for 15 years, denied taking anything from the company and maintained her innocence. The prosecution offered the client a deferred sentence with no jail time, with the condition that she pay the company restitution. The client rejected the offer from the prosecution, and was now facing a felony conviction, up to 10 years in prison, a $5,000 fine, and restitution in the amount of $46,000, to say nothing of the destruction to her reputation and earning power. Mr. Henson set the matter for a preliminary hearing, and after two days of testimony and multiple witnesses, Mr. Henson argued to the court that the prosecution had failed to show in any way that his client participated in the alleged embezzlement. The judge agreed with Mr. Henson and the case was dismissed! Mr. Henson was also able to have the client’s criminal record expunged so she would again be able to earn a six-figure income without the false allegations tainting her reputation and earning power.
Northern District of Oklahoma (Federal Court)
In this federal court case, the client was charged with Possession With Intent to Distribute over 10 pounds of heroin, and under federal sentencing guidelines was facing a mandatory minimum of ten years in federal prison. The case started in Oklahoma State Court as a Trafficking in Heroin case in Craig County after a traffic stop by the Oklahoma Highway Patrol on Interstate 44. As soon as the Drug Enforcement Administration (DEA) discovered that such a large quantity of heroin had been seized, federal prosecutors at the United States Attorney’s Office went to work on a federal indictment.
The client and his codefendant were charged in federal court and the state court case was dismissed. The client was ordered to be held in federal detention until jury trial. However, Mr. Henson requested a detention hearing. After a three hour hearing with witness testimony from the DEA and numerous exhibits, Mr. Henson was able to have his client released on an ankle monitor. The federal judge who presided over the hearing noted that Mr. Henson had made a strong case for the presumption of innocence and also demonstrated the lack of incriminating evidence against his client. Three weeks after his pretrial release, Mr. Henson was able to get the charges against his client dismissed entirely. The client returned to his home and family.
Tulsa County District Court
In this Tulsa County case, the client and a codefendant were charged with Reckless Handling of a Firearm, a misdemeanor, and Knowingly Concealing Stolen Property, a felony. There had been reports of gunfire and the police responded to the scene and discovered the client and the codefendant; the codefendant was holding a pistol in his hand. The police never saw Mr. Henson’s client shoot the gun or even hold the gun, but he was charged with a crime anyway. While at the scene, the police discovered that the pistol was stolen. The client was arrested and later confessed to the police that he had been shooting the gun before the police arrived and that the gun belonged to him. The client was now facing a misdemeanor conviction and a felony conviction because of his confession. Mr. Henson discovered that the police never informed the client of his right to remain silent under Miranda v. Arizona, and he was able to get the client’s entire confession thrown out. Without the confession, the gun could not be connected to the client and the case was dismissed! Mr. Henson prevented the client from being convicted of a misdemeanor and a felony.
Tulsa Municipal Court
The client was arrested for shoplifting from a local Wal-Mart and was charged with Petty Larceny of Merchandise from a Retailer. She was facing up to thirty days in jail, a $500 fine, and extreme damage to her reputation and her security clearance at work. The client had absolutely no defense to the charge. Not only did store security have video footage of the client concealing the merchandise, another store security officer personally observed the client conceal the merchandise and exit the store. To make matters worse, the client then confessed to stealing the merchandise to store security and the police. The client feared the worst. However, despite all of the problems with the case, Mr. Henson was able to negotiate a deferred sentence that allowed the client to stay out of jail, pay minimal fines, and complete community service. Mr. Henson was then able to get the charge expunged from the client’s record, preserving her status and reputation in the community as well as her security clearance at work! She is now able to say as a matter of law that she has never been charged or convicted of a crime.
Tulsa County District Court
Mr. Henson’s client was accused of importing Methylone from China. In fact, Customs and Border Protection in San Francisco, California had intercepted 10 pounds of alleged Methylone from China that was addressed to the client’s home address in Tulsa. Customs and Border Protection contacted the Department of Homeland Security, the Drug Enforcement Administration, the U.S. Postal Inspector, and the Tulsa County Sheriff’s Office about the 10 pounds of Methylone. The federal and state agencies agreed to cooperate with one and other and they began conducting surveillance on the client. After a period of time, Customs sent the Methylone to Tulsa so it could ultimately be delivered to the client and once he accepted delivery, he could be arrested for Manufacturing a Controlled Drug or Possession of a Controlled Drug With Intent to Distribute. The federal and state agencies obtained a state search warrant for the client’s house and arranged for a controlled delivery of the Methylone.
An agent from the office of the U.S. Postal Inspector posed as a FedEx delivery person and delivered the 10 pounds of Methylone to the client’s residence, while Homeland Security, the DEA, and Tulsa County Sheriff’s Deputies waited around the corner. Once the delivery was made, law enforcement stormed the house and executed the search warrant. The federal and state agents seized the 10 pounds of Methylone, 1,500 Xanax pills, a $25,000 pill and capsule manufacturing machine, pill bottles, a pistol, ammunition, $63,000 in cash, scales, credit card machines, computers, iPhones, two automobiles, and numerous other items of evidentiary value. Once inside the house, the agents applied for, and were granted, 5 additional search warrants for the client’s place of business, his storage unit, and his computers. The client was taken into custody and interrogated extensively. During the course of the investigation, the police arrested the client’s mother in an effort to coerce him to cooperate. In order to keep his mother from being charged, the client gave a long and detailed confession to the police. The client was charged with Manufacturing a Controlled Drug, Possession of a Firearm While in Commission of a Felony, Possession of Drug Paraphernalia, and was facing up to life in prison.
Mr. Henson got involved in the case immediately after the client posted a bond to get out of jail, and after extensively interviewing the client and his mother, began his own investigation into the case. Mr. Henson discovered serious flaws in the government’s case, and that the initial search warrant was defective. He went to work attacking the proof. Mr. Henson filed a Motion to Suppress the Evidence and Statements in the case. At a suppression hearing, the judge agreed with Mr. Henson that the search warrant was defective and ALL of the evidence in the case was suppressed, including the 10 pounds of Methylone, the 1,500 Xanax pills, and the firearm. Since the original search warrant was defective, the subsequent 5 warrants were also found to be invalid, and the client’s confession was thrown out as well. Without any evidence, the case was dismissed and the client’s property was returned to him!
Tulsa County District Court
In this Tulsa County case, Mr. Henson’s client was charged with Aggravated Assault and Battery. The client got into a fight where he was not the initial aggressor, but the client got the upper hand in the fight and instead of stopping when his own self defense was no longer an issue, the client beat his opponent into unconsciousness, broke his opponent’s jaw, and ended up putting him into the hospital. The hospital bills totaled more than $200,000. Because of the client’s actions, the initial aggressor and instigator of the fight became the victim, and the client became the defendant charged with a violent felony crime.
Despite the bad facts of the case, Mr. Henson was able to keep the client out of prison and was able to negotiate a deferred sentence that will be amended from felony Aggravated Assault and Battery to misdemeanor assault and battery, once the client completes probation. Mr. Henson also negotiated to have the client pay only $5,000 in restitution toward the victim’s $200,000 in hospital bills. In the end, Mr. Henson saved the client $195,000 in restitution and kept the client from going to prison and becoming a convicted felon!
Okmulgee County District Court
In this Okmulgee County case, the client was charged with Assault and Battery of a Minor Child and Falsely Impersonating a Police Officer. Mr. Henson’s client, an off-duty police officer who was over six feet tall and weighed 220 pounds, was riding his motorcycle on a dirt road when a car passed the client and nearly ran him off the road. The client caught up to the car at the next stop sign, but as the client pulled behind the car, the driver spun his tires and sprayed the client with dirt and gravel and then sped off. At the next intersection, the client again caught up with the driver and his girlfriend, but this time, pulled in front of the car so it could not speed away. It turns out Mr. Henson’s client knew the car driver, who was sixteen years old. The client confronted the driver about what had happened, but just a few moments into the conversation, the sixteen-year-old became belligerent and maneuvered his car around the motorcycle and sped away again. The client decided to let the matter go.
The next morning, the client awoke to discover Okmulgee County Sheriff’s deputies at his door with a warrant for his arrest for Assault and Battery of a Minor Child and Falsely Impersonating a Police Officer. The car driver and his girlfriend told the police that the client had screamed at them, and then flashed his badge saying he would arrest them both. They then claimed Mr. Henson’s client punched the sixteen-year-old driver in the face and pulled him out of the car. The client denied the allegations, but he was arrested and charged anyway. Because of the arrest, the client was unable to work as a police officer.
After reviewing the discovery and the written statements of the boy and girl, Mr. Henson discovered multiple inconsistencies in their stories, as well as blatant fabrications about the entire incident. After multiple court hearings and meetings, Mr. Henson was able to convince the prosecutor that the boy and girl were being untruthful about the entire incident. If a grown man who was over six feet tall and 220 pounds punched a 140 pound sixteen-year-old in the face, why were there no marks, bruises, or broken bones? If the client flashed his badge to them, why did they both describe it as a gold five-point star, when the client’s badge (that he actually never showed them) was oval shaped and silver in color? Ultimately, Mr. Henson was able to get the case dismissed and expunged from the client’s record. He was exonerated and went back to work as a police officer.
*The facts and circumstances of every case are different. The outcomes described may not be typical and are not a guarantee of success.