Re. the "innocence" of Steve Henley . . .

I previously posted (here) about one of the vigil-ants at the Steve Henley execution--Michael McCormick. McCormick purports to be "innocent" of murder after 17 years on death row . . . Henley purported to be innocent all the way up to his lethal injection.

Well, I've looked into the facts of the Henley case, and I'll sleep soundly tonight. You can reach your own conclusion his capital convictions:

State v. Henley
774 S.W.2d 908
Tenn.,1989.
April 10, 1989

In summary the evidence showed that Fred and Edna Stafford lived on Pine Lick Creek Road in Jackson County, just a short distance from the farm, owned by Henley's family, where his grandmother lived. On the day of the Staffords' death Henley had visited his grandmother and obtained some mechanical parts for some work he was doing. Flatt was with him. Earlier in the day they had been driving about, tending to business affairs of Henley's. During that time they had consumed some beer and also had taken some drugs, referred to in the record as Dilaudids. According to Flatt, as they passed the Staffords' residence Henley commented, “there was some people that lived on that road that owed his grandmother or grandfather some money, and they done him wrong, his grandparents wrong years before, and he was going to stop and see about collecting some money off them.” Henley let Flatt out of the truck just before he reached his grandmother's house. When he returned five or ten minutes later he had a .22 rifle with him. They stopped fifty or seventy-five yards up the road where Henley loaded some more shells into the rifle. He also filled a plastic jug with gasoline from a five-gallon can he had in the back of the truck. They proceeded on toward the Stafford residence. When they reached there Mr. and Mrs. Stafford were standing on the left-hand side of the road looking at a small bridge where some construction work had recently been done. Henley stopped the truck, jumped out and told them, “I want your money, if you don't give it to me this man in the truck here, he's going to kill me.” He then directed them to go to the house. Mr. Stafford said, “Steve, if you want money or something, I got $80, maybe $100, you can have it.” He forced them on to the house at gunpoint and told Flatt to bring the .22 rifle as he followed behind them. When they got within 20 or 30 feet of the house he told Flatt to give him the rifle and go back to the truck and get the plastic jug of gasoline. Flatt did as directed. As he reached the porch he saw Henley begin to shoot. He first shot Mr. Stafford then turned and shot Mrs. Stafford a time or two. While she was laying on the floor moaning and groaning he threw the rifle to Flatt, took out his pistol and shot her again with the pistol. He told Flatt to pour out some of the gas. Flatt endeavored to do as he was told and poured out a small amount. When he could not finish Henley took the container of gas from him and finished pouring it out. He then directed Flatt to light it. When Flatt said he could not he struck the match and as the flames went up they ran to the truck.

The house burned to the ground. The bodies of the Staffords were found in the ashes. All that remained of Mr. Stafford's body was part of the right leg and the trunk area. The body of Mrs. Stafford was similarly burned. It was determined that Mr. Stafford died from a gunshot wound to the chest with the bullet passing through his heart. Mrs. Stafford's death was caused by burns and inhalation of noxious gases from the fire. It was the opinion of the medical examiner that Mrs. Stafford lived a minute or longer after the fire began.

. . . .

Defendant questions the sufficiency of the evidence on his conviction for first degree murder and for aggravated arson. He says there is no evidence independent of the testimony of Terry Flatt, who was an accomplice as a matter of law, to corroborate Flatt's testimony. He also says that in the absence of any proof of a criminal agency which caused the burning of the Stafford home, he cannot be convicted of arson.

. . . .

The State clearly showed that a crime had taken place. Fred Stafford died as a result of a bullet passing through his heart. Edna Stafford died as a result of burns from the fire and inhalation of gases from the fire. A spent .22 rifle shell was found in the ashes near where Fred Stafford's body was lying. This cartridge was fired from a Marlin .22 rifle, located by law enforcement officers where Flatt testified defendant had hidden it and another weapon after the homicide. This rifle was never positively identified as the murder weapon because of its condition when it was found. David Henley, defendant's brother, testified it was similar to one he had acquired some four or five months before and had left in his grandmother's house for her protection. This rifle had a loose part on the end, as did the State's exhibit and the bluing was scratched off the sight in the same way. The rifle was no longer at his grandmother's house. Ronald Leonard identified the State's exhibit as an automatic .22, Glenfield rifle, made by Marlin, which looked just like a rifle he had traded to David Henley. At the time of the trade the Allen screw securing a ring holding the magazine in place was loose. The ring would slide off and on occasion the rifle would jam when fired. Defendant himself noted the similarity between the State's exhibit and his brother's rifle. He endeavored to place the weapon in the possession of Flatt whom he had left by the roadside while he went to visit his grandmother. This of course was a question for the jury. There was evidence of bad feelings between defendant and the Staffords over a car wreck which he believed was due to the Staffords' fault. The gas can in defendant's truck from which Flatt testified he filled the plastic jug had to be refilled on the weekend following the burning of the Stafford's house. A near neighbor of the Staffords saw defendant drive past, apparently on the way to his grandmother's. Sometime later she heard a loud noise, “maybe an explosion or something real *914 loud. Louder than a gunshot.” A minute or two after that she saw defendant's truck come back down the road. Shortly after that her husband saw smoke coming from the direction of the Stafford house. They went together to see about it. When they arrived there was fire all over, it looked like it was boiling inside. Defendant denied knowing anything about the fire until the next day although a police officer corroborated Flatt's testimony that, on the night of the fire, he told defendant about the fire when he encountered them on the road and stopped to ask directions to the Stafford house. An arson investigator with the State Fire Marshall's Office investigated the fire. He suspected arson although there was no physical evidence of that fact. He did not make any test for accelerants because there was a total burn-out and it was his opinion any accelerant would have been burned away.