Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 26, 1991 TAG: 9103260454
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MARK MORRISON STAFF WRITER
DATELINE: WINCHESTER LENGTH: Medium
In his opening statement, Augusta County Commonwealth's Attorney A. Lee Ervin said he would produce a witness today to testify that Henderson confided to him how he and Tommy David Strickler kidnapped, robbed and then murdered Whitlock by dropping a 69-pound rock on her head three or four times.
That witness, Jeffrey Woods, is a prisoner in the Augusta County Jail in Staunton, where he faces drug charges. Ervin admitted that his cooperation was being traded for a plea agreement and a lighter sentence.
"He is getting a deal out of this," Ervin told a panel of 14 jurors in Winchester Circuit Court. "But he will tell you details about the night Leann Whitlock was killed that will convince you he is telling the truth."
In response, Henderson's court-appointed defense attorney, Jeff Ward of Waynesboro, urged the jury to question the reliability of any witness who has a criminal background and agrees to testify in exchange for special treatment.
Woods is charged in Augusta County with conspiracy to distribute marijuana and possession of marijuana with the intent to distribute, but his case has not gone to trial. Ervin would not comment on the details of his plea bargain.
After the two men had become friends while being held in the Augusta County jail, Ervin said, Henderson told Woods about the night Whitlock was killed. Ervin also told the jury that another witness, Kenneth Workman, would testify that Henderson told him only hours after Whitlock disappeared that he had killed her.
"Mr. Henderson's words to him was: `I killed a nigger tonight. I didn't want to, but I had to,' " Ervin said Workman would testify.
He added that the witness also would testify that Henderson's pants were covered with blood when he made the statement.
Henderson, 25, of Frost, W.Va., is charged with capital murder, abduction and robbery in connection with the slaying of Whitlock, a 19-year-old James Madison University student from Roanoke. If convicted, he could face the electric chair.
Strickler, convicted on the same charges in June, has been sentenced to death.
Whitlock was kidnapped Jan. 5, 1990, from a Harrisonburg shopping mall; robbed of the car she was driving, jewelry, cash and credit cards; and killed in a wooded section of Augusta County about 5 miles north of Waynesboro. Her naked body was found frozen and covered with leaves, logs and other brush.
Henderson was charged after his wallet was found in a nearby cornfield and his Army jacket and identification were found in the car stolen from Whitlock.
He remained at large for nearly six months until his arrest in Baker City, Ore., where he had been living under the alias Raymond Taylor.
He appeared in court Monday in a tan suit and tie, clean-shaven and with short cropped hair. His trial was moved from Staunton to Winchester because of pre-trial publicity.
Much of Monday's court proceeding was spent selecting the 12 jurors and two alternates who will hear the trial, which is expected to last most of the week.
In questioning the prospective jurors, Ward's co-defense counsel for Henderson, Humes J. Franklin, repeatedly pointed to one legal issue - the so-called "trigger-man" rule - that could become important in the sentencing phase of the trial if Henderson is found guilty.
"There is one specific principle of law that will come into play in this case," Franklin said to each prospective juror. "In capital murder, only the person who actually strikes the fatal blows - that is, commits the murder - can receive the death penalty in Virginia.
"Someone who is merely present or present, aiding and abetting, but does not actually strike the fatal blow, cannot be convicted of capital murder. Are you willing to apply that particular principle of law in this case?"
All 26 people interviewed for the jury answered that they were.
The defense contends that it was Strickler who actually dropped the rock on Whitlock, not Henderson.
Franklin also told each panel member that Henderson would have the chance to present testimony and other evidence about his life, family and background. He then asked if they would be able to give that information and any evidence presented by the prosecution equal treatment. All of them said they would.
If the jury finds Henderson guilty of capital murder, it can recommend either the death penalty or life in prison. It is not required to impose the death penalty.
by CNB