Henson Law Firm Case Results*

Not Guilty of All Six Counts in Rogers County Jury Trial

Rogers County District Court

In this Rogers County jury trial, Rob Henson’s client was charged with two counts of Lewd Molestation, two counts of Forcible Sodomy, and two counts of Child Endangerment. He faced a total of 84 years in prison and 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. They said it ended in 2003, when the client moved out of the family home. The children were thirteen and fourteen when they made their accusations, nearly eight years after the abuse allegedly 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 claimed that the boy was forced to watch the alleged sexual abuse on two occasions. The male stepchild also accused the client of physical child abuse.

In addition to the stepchildren, the client had four biological children with the children’s mother. Two of those children, both boys, were born with cerebral palsy.

To show that the children’s allegations were false, the defense introduced all of the rape and physical abuse allegations into evidence and showed the jury how their stories changed each 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.

First-Degree Burglary Acquittal and Misdemeanor Deferred Sentences

Tulsa County District Court

In this Tulsa County jury trial, Mr. Henson’s client was charged with First-Degree Burglary and Public Intoxication. The burglary charge was a violent felony for which the client faced seven to twenty years in prison and a $10,000 fine. A prison sentence would have required him to serve 85 percent of the sentence before becoming eligible for parole consideration. The Public Intoxication charge added five to thirty days in the county jail and a fine of $10 to $100.

The client was a veteran and enrolled at the University of Tulsa as a full time college student with a double major in physics and mathematics. One evening while out with friends, he got extremely drunk after consuming more than twenty-five drinks. 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 a deputy sheriff was taking his picture.

The prosecution accused him of breaking into a home occupied by a young woman at 2:00 in the morning. The client had no memory of the incident. From the beginning, there was no dispute that he had been intoxicated in public, but there was a dispute about the alleged burglary. In opening statement, Mr. Henson acknowledged that the client was guilty of Public Intoxication while making clear that he was not guilty of First Degree Burglary.

The trial testimony showed that the client had been banging on the woman’s door with his fists and that the door’s upper window was broken. Mr. Henson argued that if the client was guilty of anything besides Public Intoxication, it was misdemeanor malicious mischief.

The jury found the client not guilty of First Degree Burglary and not guilty of misdemeanor unlawful entry. They did find him guilty of misdemeanor malicious mischief and Public Intoxication and recommended thirty days in jail and a $600 fine.

At formal sentencing, Rob persuaded the judge not to require the client to serve the recommended jail sentence and to grant deferred sentences for the misdemeanors rather than enter convictions. The judge agreed, and the client was released from jail on deferred sentences for the misdemeanors. The burglary acquittal meant there was no burglary conviction on his record, and successful completion of the misdemeanor deferred sentences preserved a pathway to expungement at the end of probation. The client is now a successful professional and his record has been expunged.

PCP Trafficking Case Dismissed After Evidence Was Suppressed

Tulsa County District Court

In this Tulsa County case, the client was charged with Trafficking in PCP. He had three prior drug convictions and faced life in prison without the possibility of parole. Police arrested him and discovered two ounces of alleged PCP in his coat pocket. The officers claimed they had arrested him after learning of an outstanding warrant for traffic tickets and that the search of his pocket was a search incident to arrest.

Rob investigated and discovered that the officers did not learn about the traffic warrant until after the client had been arrested and booked into jail. He subpoenaed data from the officers’ patrol car computers, their radio transmissions to the dispatcher, and their personal cell-phone records. There was no record of the officers calling in to check the client’s record before the arrest.

The officers had conducted an illegal search and seized the alleged PCP without probable cause to believe a crime had been committed. Mr. Henson filed a motion to suppress the illegally seized evidence. The judge agreed and suppressed the evidence against the client. Without that evidence, the case was dismissed, and the client was set free.

Embezzlement Case Dismissed and Record Expunged

Tulsa County District Court

In this Tulsa County felony case, the client and a codefendant were charged with embezzling more than $46,000 from a local company. The client earned a six-figure income and had worked at the company for fifteen years. She denied taking anything and maintained her innocence. The prosecution offered a deferred sentence with no jail time on the condition that she pay restitution to the company.

The client rejected the offer. She faced a felony conviction, up to ten years in prison, a $5,000 fine, and $46,000 in restitution, along with the damage a guilty plea to embezzlement would cause to her reputation and earning power.

Rob set the matter for a preliminary hearing. After two days of testimony from multiple witnesses, he argued that the prosecution had failed to show that his client participated in the alleged embezzlement. The judge agreed and dismissed the case. Mr. Henson also had the client’s criminal record expunged, protecting her reputation and earning power from the false allegations.

Federal Heroin Charges Dismissed

Northern District of Oklahoma (Federal Court)

In this federal case, the client was charged with Possession With Intent to Distribute more than ten pounds of heroin and faced a mandatory minimum of ten years in federal prison. The case began as a Trafficking in Heroin prosecution in Craig County after a traffic stop on I-44 by the Oklahoma Highway Patrol.

After the Drug Enforcement Administration learned of the quantity of heroin seized, federal prosecutors at the United States Attorney’s Office pursued an indictment. The client and his codefendant were charged in federal court, and the state case was dismissed.

The client was initially ordered held in federal detention until jury trial, but Mr. Henson requested a detention hearing. After a three hour hearing involving DEA testimony and numerous exhibits, Mr. Henson obtained the client’s release on an ankle monitor. The federal judge noted that Mr. Henson had made a strong case for the presumption of innocence and demonstrated the lack of incriminating evidence against his client.

Three weeks after the client’s pretrial release, Rob Henson obtained dismissal of the charges against him. The client returned to his home and family.

Firearm and Stolen Property Charges Dismissed After Confession Was Excluded

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. Police responded to reports of gunfire and found the two men at the scene. The codefendant was holding a pistol. Officers never saw Mr. Henson’s client shoot or hold the gun, but he was charged anyway.

Police discovered that the pistol was stolen. After his arrest, the client confessed that he had been shooting the gun before officers arrived and that it belonged to him. The confession exposed him to both misdemeanor and felony convictions.

Rob discovered that police had not informed the client of his right to remain silent under Miranda v. Arizona and obtained exclusion of the entire confession after winning a suppression hearing. Without the confession, the gun could not be connected to the client. The case was dismissed, avoiding both misdemeanor and felony convictions.

Shoplifting Deferred Sentence and Expungement

Tulsa Municipal Court

The client was arrested for shoplifting from a local Wal-Mart and charged with Petty Larceny of Merchandise from a Retailer. She faced up to thirty days in jail, a $500 fine, and serious harm to her reputation and security clearance at work.

The client had no defense to the charge. Store security had video of her concealing the merchandise, and another security officer personally saw her conceal it and leave the store. She also confessed to store security and police that she had stolen the merchandise.

Despite these problems, Rob Henson negotiated a deferred sentence that allowed the client to stay out of jail, pay minimal fines, and complete community service. He then had the charge expunged from her record, preserving her reputation and security clearance at work. The expungement allowed her to say as a matter of law that she had never been charged or convicted of a crime.

Methylone Case Dismissed After Search Warrants Were Invalidated

Tulsa County District Court

Rob’s client was accused of importing Methylone from China. Customs and Border Protection in San Francisco intercepted ten pounds of alleged Methylone addressed to the client’s home in Tulsa. Customs contacted the Department of Homeland Security, the Drug Enforcement Administration, the U.S. Postal Inspector, and the Tulsa County Sheriff’s Office.

The federal and state agencies agreed to cooperate with one another and began watching the client. Customs sent the Methylone to Tulsa for a controlled delivery so that, once he accepted it, he could be arrested for Manufacturing a Controlled Drug or Possession of a Controlled Drug With Intent to Distribute. The agencies obtained a state search warrant for his house and arranged the delivery.

An agent from the U.S. Postal Inspector’s Office posed as a FedEx delivery person and delivered the Methylone to the client’s residence. Homeland Security agents, DEA agents, and Tulsa County Sheriff’s deputies waited around the corner. Once the delivery was made, law enforcement stormed the house and executed the warrant.

Agents seized the ten 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 other evidence. After entering the house, they obtained five additional search warrants for the client’s business, storage unit, and computers.

The client was taken into custody and interrogated extensively. During the investigation, police arrested his mother in an effort to coerce him into cooperating. To keep her from being charged, the client gave a long and detailed confession. He was charged with Manufacturing a Controlled Drug, Possession of a Firearm While in Commission of a Felony, and Possession of Drug Paraphernalia, and faced up to life in prison.

Rob became involved immediately after the client posted bond. He extensively interviewed the client and his mother and began his own investigation. He discovered serious flaws in the government’s case, including a defective initial search warrant, and filed a motion to suppress the evidence and statements.

At the suppression hearing, the judge agreed that the initial warrant was defective and suppressed all of the evidence, including the Methylone, Xanax pills, and firearm. The five subsequent warrants were also found invalid, and the client’s confession was thrown out. Without the evidence, the case was dismissed, and the client’s property was returned.

Aggravated Assault and Battery Deferred Sentence and Negotiated Restitution

Tulsa County District Court

In this Tulsa County case, the client was charged with Aggravated Assault and Battery. The client had not started the fight, but after gaining the upper hand, he continued beating his opponent when self-defense was no longer an issue. He knocked the other man unconscious, broke his jaw, and put him in the hospital. The hospital bills exceeded $200,000.

Because of the client’s actions, the person who had started the fight became the victim, and the client became the defendant charged with a violent felony. Despite the bad facts of the case, Mr. Henson kept the client out of prison and negotiated a deferred sentence. The agreement provided for the felony Aggravated Assault and Battery charge to be amended to misdemeanor assault and battery once the client completed probation.

Rob also negotiated restitution of only $5,000 toward the victim’s $200,000 in hospital bills. The agreed restitution was $195,000 less than those bills, and the deferred sentence kept the client from receiving a felony conviction.

Assault and Police Impersonation Charges Dismissed and Expunged

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. The client was an off duty police officer who stood more than six feet tall and weighed 220 pounds. He was riding his motorcycle on a dirt road when a passing car nearly ran him off the road.

The client caught up with the car at a stop sign. As he pulled in behind it, the driver spun his tires, sprayed the client with dirt and gravel, and sped away. At the next intersection, the client caught up again and pulled in front of the car so it could not speed away. The sixteen year old driver of the car was also accompanied by his girlfriend.

The client confronted the driver about what had happened. A few moments into the conversation, the driver became belligerent, maneuvered around the motorcycle, and sped away again. The client decided to let the matter go.

The next morning, Okmulgee County Sheriff’s deputies arrived at the client’s home with an arrest warrant. The driver and his girlfriend had told police that the client screamed at them, flashed his badge, and threatened to arrest them. They also claimed that he punched the driver in the face and pulled him from the car. The client denied the allegations, but he was arrested and charged, leaving him unable to work as a police officer.

Rob Henson reviewed the discovery and the two witnesses’ written statements and found multiple inconsistencies and blatant fabrications. After several court hearings and meetings, he persuaded the prosecutor that the witnesses were not telling the truth about the incident.

If a man over six feet tall and weighing 220 pounds had punched a 140-pound teenager in the face, why were there no marks, bruises, or broken bones? If the client had flashed his badge, why did both witnesses describe a gold five-point star when his badge was oval and silver? He had not shown them the badge at all.

Rob obtained dismissal of the case and expungement of the client’s record. The client was exonerated and returned to work as a police officer.

Lewd Molestation Case Dismissed at Preliminary Hearing

Rogers County District Court

In this Rogers County case, the client was charged with Lewd Molestation, an 85 percent crime. He faced twenty years in prison and lifetime registration as a sex offender. The alleged victim was fifteen years old. She gave a written statement to police and participated in a recorded forensic interview.

After reviewing the discovery, Rob noticed that her written account differed from her recorded interview. The police investigators, forensic interviewer, and district attorney’s office had either missed or ignored those differences.

Rob set the matter for a preliminary hearing because the inconsistencies led him to believe the alleged victim was lying. At the hearing, she testified to a third version of events that was entirely different from her two earlier statements.

Through cross-examination, Rob showed that the witness was not credible and that her account on the stand did not even describe a crime. The judge agreed. The case was dismissed, and the client was released from jail.

Forcible Sodomy Case Dismissed and Record Expunged

Wagoner County District Court

In this Wagoner County case, Mr. Henson’s eighteen year old client was charged with Forcible Sodomy involving a fifteen year old. He faced up to twenty years in prison and lifetime registration as a sex offender. There was no physical evidence or DNA linking him to the crime. He exercised his right to remain silent, leaving the alleged victim’s testimony as the only evidence against him.

Mr. Henson obtained dismissal at the preliminary hearing and had the client’s record expunged shortly afterward. The client did not have to register as a sex offender in connection with the case. He was able to enroll in college, and his public record showed that he had never been arrested or charged with a crime.

Drug and Firearm Charges Dismissed After a Vehicle Search Challenge

Wagoner County District Court

Rob Henson’s client was a front seat passenger in a car stopped for speeding in Wagoner County. When the officer asked for a driver’s license, the driver did not have one. The officer ordered all three occupants out and arrested the driver for driving under suspension.

The officer decided to tow the car because the driver did not have a valid license, even though both passengers did. Over their objections, he searched the car, claiming to conduct an inventory search before towing it. He opened the client’s purse on the front seat and found marijuana, a pipe, and a loaded handgun. The client was arrested for Possession of Marijuana, Possession of Drug Paraphernalia, and Unlawfully Carrying a Firearm.

Mr. Henson filed a motion to suppress, challenging the search and towing of the car when both passengers had valid driver’s licenses. The district attorney’s office ultimately agreed that the search and seizure in this case were illegal. The charges were dismissed, and the firearm was returned to the client.

Larceny Charges and Probation Revocation Application Dismissed

Pawnee County District Court

The client was charged with Larceny of an Automobile and Grand Larceny in Pawnee County. He had three prior felony convictions and faced nine years to life in prison for Larceny of an Automobile and four years to life for Grand Larceny. He was also on probation for a prior felony that was an 85 percent crime. The new allegations exposed him to revocation of a fifteen year suspended sentence, with 85 percent of that prison time to be served before parole consideration.

The prosecutor offered a twenty year sentence and several thousand dollars in restitution. Rob urged the client to reject the offer and set the matter for a preliminary hearing.

At the hearing, none of the three witnesses could testify that they had seen the client take anything, whether an automobile or other property. Their testimony established only that he had been present on the property.

The judge dismissed the criminal case at the end of the preliminary hearing, and the client did not go to prison or pay restitution. The judge also dismissed the application to revoke his fifteen year suspended sentence.

Twelve-Year-Old Drug Case Dismissed

Tulsa County District Court

The client was arrested for Possession of Marijuana and Possession of Drug Paraphernalia in 1999. She was booked into jail, posted bail, and received a return court date. When she appeared, charges had not been filed, so the judge set another date to give the prosecution more time.

At the second appearance, charges still had not been filed, and the court told the client she was free to leave. She later moved from Tulsa to the East Coast. Charges were filed after her last appearance, but the Sheriff’s Office did not go to her home to serve the warrant. She had no idea that the case or arrest warrant existed.

Twelve years later, in 2011, the client had graduated from college, married, and had three children. While she was applying to graduate programs, a school’s background check revealed the open case and outstanding warrant. She was devastated: the last time she had appeared in court, the judge had told her that charges had not been filed and she was free to leave.

Rob Henson entered the case and filed a motion to dismiss supported by a lengthy brief. He argued that witnesses whose testimony would have exonerated the client were no longer available. He also argued that the client’s constitutional right to a speedy trial was violated because the State had failed to prosecute the case in a timely manner. The court agreed and dismissed the twelve year-old case.

Rogers County First Degree Manslaughter Case Reduced to Negligent Homicide

Rogers County District Court

The case arose from a serious collision near Inola, Oklahoma. The client was turning left from Highway 412 onto a county road when an oncoming vehicle struck her car. Both vehicles went into the ditch. Immediately after the collision, both drivers got out of their vehicles and spoke. The other driver later said he was not feeling well and sat against his vehicle while waiting for first responders.

A rural volunteer fire department arrived before the ambulance. Firefighters placed the other driver in a cervical collar and on a stretcher. After the ambulance arrived, he was transported toward the hospital but died en route.

The Oklahoma Highway Patrol cited the client for Failure to Yield. The State dismissed the citation at the first court appearance. Approximately one year later, the Rogers County District Attorney’s Office filed First Degree Manslaughter charges.

The Oklahoma Medical Examiner concluded that the other driver died from blunt force trauma caused by injuries sustained in the collision. The State also obtained a cell phone video recorded by another motorist traveling on Highway 412. The video showed a vehicle similar to the client’s traveling at a high rate of speed. The motorist recording it displayed a speedometer reading of approximately 75 miles per hour while the vehicle she filmed moved rapidly out of the frame at a speed far in excess of 75 miles per hour.

The motorist later arrived at the collision scene and testified for the State at the preliminary hearing. However, the witness could not identify the driver in the video or provide a license plate number. The case was bound over for trial after the preliminary hearing.

The Oklahoma Highway Patrol examined event data from both vehicles. The other driver had been traveling approximately 78 miles per hour, but the speed limit was 65 miles per hour. The client’s vehicle was traveling at approximately 28 miles per hour at the time of the collision.

Paramedic Evidence and Medical Causation

During discovery, Rob Henson obtained the paramedic report. It described the other driver’s condition and the problems paramedics encountered. “When paramedics arrived on the scene subject reported that he was choking. Subject was placed for transport and cervical collar was removed. Collar was too small for patient this size. En route, patient vomited, lost consciousness, and was unable to be intubated because of difficult airway.”

The paramedic report called the Medical Examiner’s explanation for the death into question. The other driver was morbidly obese, had complained of choking, and had been fitted with an undersized cervical collar before the ambulance arrived. He later vomited, lost consciousness, and could not be intubated because of the airway difficulty.

The client and Rob located a local physician to review the discovery and the Medical Examiner’s findings. The defense physician concluded that the other driver died after being deprived of oxygen and aspirating fluids into his airway, rather than from blunt force trauma.

Five Years of Litigation

The prosecution lasted approximately five years and became the longest criminal case Rob had litigated to that point. The case was set for jury trial multiple times. Trial was postponed when the Medical Examiner was unavailable, when the defense expert was unavailable, and when an in-custody jury trial took priority on the court’s docket.

The Plea Offer and the Client’s Decision

After approximately five years, a different prosecutor took over the case. The State offered to amend First Degree Manslaughter to Negligent Homicide and allow a no contest plea with a deferred sentence.

Rob advised the client against accepting the offer. Based on the medical causation evidence, vehicle data, weaknesses in the identification evidence from the cell phone video, and the defense physician’s opinion, he was extremely confident in the defense and believed the case could be won at jury trial.

The client nevertheless decided to accept the offer. Five years of litigation had taken a substantial toll on her mental and physical health, and she wanted the case to end.

Rob respected the client’s decision even though it differed from his recommendation. She accepted the deferred sentence, successfully completed it, and the Negligent Homicide case was dismissed and expunged.

Not Guilty of Two Counts of Malicious Injury to Property

Wagoner County District Court

In this Wagoner County jury trial, Rob Henson’s client was charged with two counts of Malicious Injury to Property and faced up to two years in jail, substantial fines, and restitution. She was accused of slashing all the tires and destroying the paint job on her ex-boyfriend’s car, and doing the same to a car belonging to his new love interest. The prosecution also had an alleged eyewitness to the crimes.

Through vigorous cross-examination, Mr. Henson showed the jury that the witness could not have seen what she claimed from her vantage point. She admitted that it was pitch dark, no exterior lights were on, and she was at least fifty yards from the cars when the incident occurred. The jury deliberated thirty-five minutes before finding the client not guilty on both counts.

Not Guilty in Threatening an Act of Violence Trial

Tulsa County

In this Tulsa County jury trial, Rob Henson’s client, a United States Marine, was charged with two counts of threatening an act of violence. The client drove a pickup truck equipped with a loudspeaker system and had an unloaded AR-15 lawfully mounted in a gun rack. While driving on South Memorial Drive in Tulsa, he saw a car occupied by two young women. The car had a “Coexist” sticker on its rear window which included the crescent moon and star of Islam.

The client used the loudspeaker to ask, “Why should we coexist with *[people] who hate us and want to kill us?” He went on to say several disparaging and offensive things. The women, who were sisters, called 9-1-1 and accused him of threatening to kill them. They said they were afraid for their lives.

The client faced up to a year in jail, and a conviction would have resulted in his discharge from the Marine Corps. The prosecution offered six months in jail and maximum fines. The offer was rejected, and Rob set the case for trial.

At trial, Rob showed that the women had exaggerated the account they gave police. A photograph taken by responding officers showed both women smiling. On cross-examination, both admitted that they went shopping at Woodland Hills Mall immediately after the incident. Rob argued to the jury that their smiling in the police photographs and decision to go shopping immediately afterward were inconsistent with their claim that they feared for their lives. The jury deliberated for less than an hour and returned a verdict of not guilty.

*The word “people” replaces the client’s original term.