MSNBC 
March 3, 1999

Defense motions filed in first Shepard murder trial 

Wes Sturr 

LARAMIE, Mar. 3 - A district court judge in Laramie has denied a defense request that separate juries be seated in the trial and sentencing phase in the first degree murder trial of Russell Henderson.

That request was among 150 pre-trial motions filed by Henderson's public defender, Wyatt Skaggs. Courthouse observers say the motions are typical in such cases where the death penalty is a possibility. Prosecutors have said they will seek the death penalty if Henderson is found guilty of the murder of UW student Matthew Shepard.

Henderson is one of two men accused of the brutal pistol whipping death of the 21-year-old Shepard. Shepard, who was openly gay, was tied to a fence near Laramie after the late night beating. He was found a day later barely alive. He died from his injures after being taken to a hospital in Fort Collins, Colorado for treatment. Authorities contend - that at least in part - Shepard was beaten because of his sexual preference.

Henderson and the second defendant, Aaron McKinney, both 21, are charged with murder and face the death penalty if convicted. McKinney's trial isset for August 9th.

Henderson's trial is set to begin March 24th with jury selection opening arguments are scheduled for April 6th.

District Court Judge Jeffrey Donnell is presiding over the case.