Suit seeks cash for prison time

The Dana Street man wants big dollars to pay for his time behind bars.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
WARREN -- A man who was twice convicted of the same rape charge before prosecutors decided to dismiss it is suing the Trumbull County prosecutor's office, alleging wrongful imprisonment.
Steven Henderson, Dana Street, filed the lawsuit Monday in common pleas court. The suit is assigned to Judge Peter Kontos. No hearing date has been set.
Prosecutor Dennis Watkins was out of town and could not be reached to comment.
"After two trials, two guilty verdicts and two appellate reversals, Mr. Henderson was released from prison," according to the lawsuit. "The Trumbull County prosecutor's office has chosen not to retry Mr. Henderson."
Henderson is seeking $176,348 for the four years and 136 days he was in prison, $69,309 in lost wages and reimbursement for all other costs, such as legal and medical bills, the suit states.
"Mr. Henderson is entitled to damages in excess of $345,657," the suit states.
The suit also asks the court to declare his innocence, which would enable him to be compensated for the time he was incarcerated.
The prosecutor's office has stated that prosecutors dismissed the charge because the girl who accused Henderson has recanted her allegation, saying she did not want to face a third trial.
What happened
According to the prosecutor's office, the girl, who testified at two other trials when she was 13 and 15, recanted her statement "solely to avoid a third trial."
Henderson was freed from prison in April 2003 after the 11th District Court of Appeals ordered his case be sent back to the trial court.
The appellate 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 on appeal 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.
& lt;a href=mailto:sinkovich@vindy.com & gt;sinkovich@vindy.com & lt;/a & gt;