3/26/99

Excused jurors in gay slaying case opposed death penalty

By ROBERT W. BLACK

Associated Press Writer

LARAMIE, Wyo. (AP) - Two men who oppose the death penalty have been excused from jury duty in the first trial following the beating death of gay college student Matthew Shepard.

College professor Phil Holt, 52, and radio station employee John Thomas, 43, were among 14 potential jurors released Thursday from the trial of Russell Henderson, who is charged with first-degree murder, kidnapping and aggravated robbery for last year's attack on Shepard.

Henderson and Aaron McKinney, both 21, face the death penalty if convicted. Authorities said they pretended to be homosexual and lured the 5-foot-2, 105-pound Shepard out of a bar Oct. 6. The pair allegedly kidnapped and pistol-whipped Shepard and left him tied to a fence in 28-degree chill. The University of Wyoming student died five days later at a hospital.

Police said the chief motive was robbery but that Shepard may have been targeted because he was gay.

McKinney's trial is scheduled for August.

Holt, a Greek literature professor at the University of Wyoming, said he had indicated his opposition to capital punishment in a questionnaire but was not given a reason for dismissal.

"I thought the lawyers might have a problem with a college professor who reads newspapers and opposes the death penalty," he said. "I'm strongly opposed. What Henderson may have done is on his conscience. I wouldn't have his death on mine."

Thomas, who was excused because of possible lost wages, said he, too, was troubled by the penalty phase, which would take place if Henderson is convicted.

"I never would have voted for the death penalty," he said. "I don't see it as a deterrent per se."

Thomas said he was surprised that Henderson's attorney, Wyatt Skaggs, conceded to the jury pool that his client was involved in the crime.

"I didn't expect it because what news can they bring out in the trial now for those jurors other than what prosecution is going to bring?" he said.

On Wednesday, Skaggs said Henderson drove the pickup to the fence where Shepard was tied and left to die. Skaggs indicated part of his strategy would be to show that Henderson was only a witness to Shepard's beating and that McKinney wielded the deathly blows.

Jury selection began Wednesday and was expected to continue through April 5. Opening statements are scheduled April 6. Twenty-nine prospects were excused through Thursday from the first pool of 71. Another two dozen were to be questioned behind closed doors today.

Security remained tight at the Albany County Courthouse, which also houses other county offices. Access was restricted to one entrance, where people had to pass through a metal detector and state a reason for being there. A second metal detector stood outside the courtroom.

Meanwhile, across the street at the county jail, McKinney was complaining about his treatment. His attorneys have alleged that he is being treated more harshly than other inmates, that visitation by family members has been restricted and that he was denied athletic shoes his father had attempted to drop off.