Fri, Aug 29 2008
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Published May 17, 2008 01:00 pm - Post denies defense request for recusal Man gets second trial By Krystal J. Carman
The case of a Rogers County man accused of sexually assaulting his stepdaughter will go to trial for the second time in a month due to a mistrial in April. David Wayne Henderson, 46, is charged with two counts of rape by instrumentation and two counts of lewd molestation in connection with alleged incidents that occurred between October 2005 and January 2006. A trial began April 17 and after one week of testimony, the jury began deliberations on April 24, only to be unable to reach a verdict. Judge Dynda Post declared a mistrial and ordered Henderson to stand trial a second time. The new trial will begin Monday. On May 6, defense attorney Duane Riffe filed a motion to recuse Post from the new trial. Arguments were heard on the motion Tuesday and Post issued a written order denying the motion. Henderson turned himself into authorities on Feb. 23, 2006, and was charged. He entered a plea of not guilty on March 8, 2006. According to court documents, Henderson’s then 13-year-old stepdaughter, now 16, told authorities on several occasions during hunting season between Oct. 1, 2005, and Jan. 15, 2006, Henderson had allegedly assaulted her. These alleged incidents occurred while Henderson and the victim were hunting on property leased from a farmer in Inola, documents stated. Henderson posted a $200,000 bond on Feb. 23, 2006, and has remained free on bond. If found guilty, Henderson could spend a maximum sentence of life in prison. By Krystal J. Carman 
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