Saturday, August 30, 2003
The accused was in prison during appeals.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- While his wife was screaming with delight, Steve Henderson took a deep breath and thanked God he no longer faces a rape charge.
The Trumbull County prosecutor's office dismissed the charge Tuesday because the girl who accused Henderson has recanted her allegation, saying she does not want to face a third trial.
"Praise the Lord," Shelli Henderson said, moments after she heard the news that her husband will not have to go to trial next month.
Henderson, who served more than four years in prison while his conviction was appealed, said he has no ill will toward the girl.
"While I was in prison, my whole focus was on the Lord and I knew God would deliver me but I just didn't know how and now I know," Henderson said.
According to the prosecutor's motion, the girl, who testified at two other trials when she was 13 and 15, recanted her statement "solely to avoid a third trial."
An affidavit signed by the girl says a statement she made to a state trooper recanting the allegation was not true.
"The reason I made the statement is because I was very tired of going through this rape case over and over again that I just wanted it to stop and be over with so that I can move on and live a normal life," the girl's affidavit states.
"I made the statement to Trooper [Gregory] Blake that it never happened because I wanted it to be over with for good."
Prosecutors say the state patrol assisted them in the investigation.
Case history
Henderson has been free on a $100,000 bond since April. The 11th District Court of Appeals ordered in December that his case be sent back to the trial court.
The appeals court issued a 12-page opinion stating Henderson deserved a new trial because of ineffective counsel. It said Atty. Greg Robey of Cleveland did not call the doctor who examined the girl to testify.
Henderson was sentenced to life in prison with parole eligibility after 10 years.
He was first convicted in 1998 and got the same sentence, but that was overturned and he was released from prison on $50,000 bond to await a second trial.
The appeals court judges cited ineffective counsel and prosecutorial misconduct in overturning the first conviction.
The girl, now 17, testified during the two trials that Henderson raped her in December 1997 when he was baby-sitting her and her 4-year-old brother.
The girl did not report her allegation to authorities for a year. She said Henderson threatened to hurt her if she told anyone.
sinkovich@vindy.com