Jury deliberations continue Wednesday in TPD trial


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Updated: 8/23/2011 8:13 pm Published: 8/22/2011 7:26 pm


After asking questions about two charges and asking to review part of Officer Jeff Henderson's testimony in the TPD corruption trial, jurors ask the judge to leave for the day and return Wednesday morning to continue deliberations.

On Tuesday the jury asked the court to review a section of Officer Jeff Henderson's testimony. 

Specifically jurors wanted to see the transcript of his testimony regarding one of the charges he violated a suspect's civil rights. 

Count 37 involves former ATF Agent Brandon McFadden's testimony that Henderson and other officers illegally entered Jose Angel Gonzalez' home and moved a gun from the closet and hid it in the vent so it couldn't be moved before a search warrant was executed.

Gonzalez was arrested and his charges are pending.

McFadden testified he did not witness this happened. Henderson pointed out conflicting stories between McFadden and Gonzalez' testimony. The allegations did not surface until the corruption investigation. 

The judge denied the request saying the jury needed to rely on notes for their deliberations.  The prosecution asked that no testimony from this trial be reviewed.
   
The jury passed a note a few moments earlier asking, "are counts two and three interrelated. For example, if there is a finding of guilt on count 2 is it possible to be found innocent on count three?"

These charges are related to former ATF Agent Brandon McFadden's testimony that he and Officer Henderson stole a half a pound of meth from Ryan Logsdon's home during a search warrant.
 
Count three charges Henderson for distributing that meth to informant, Rochelle Martin, to unknowingly sell back to Logsdon at Tulsa Community College. 

However, Henderson and other officers contradicted McFadden's testimony and said the meth found at Logsdon's was turned in and property receipts show it.

Henderson also says the drug transaction never happened rather Martin was instructed to go see Logsdon before the bust so officers could identify Logdson for a search warrant.

McFadden, Martin, Logsdon and Henderson told conflicting stories about the alleged drug transaction.

The presiding judge over deliberations contacted Judge Bruce Black, of New Mexico via phone who recommended the jury read one of the instructions that says to treat each charge on it's own and the verdict on each count shouldn't influence the verdict on other counts.

Tulsa Police Chief Chuck Jordan made his first appearance in the courtroom to hear the question. He was listed as a witness for the defense but was not called during the trial.

They have been deliberating for 19 hours and have passed two previous notes regarding when to be dismissed.

This is the earlliest time the jury has passed a note. The judge is waiting for all the attorney's to read the note.

After three weeks of testimony the jury went into deliberations around 2 p.m. on Friday.

They’re deciding the fate of Tulsa police officers Jeff Henderson and Bill Yelton who are accused of corruption.

The jury has to go through 61 counts. Henderson is charged with 53 counts including stealing meth, cocaine and marijuana for personal profit.

Yelton is charged with eight counts including threatening the prosecution’s key witness with a gun if he talked to the feds.

They both face charges of lying about informants to bust drug dealers, coaching informants to lie under oath and perjury.

The trial started on August 1st, in federal court in Tulsa, with U.S. District Judge Bruce Black presiding over the trial. He is absent this week so U.S. Magistrate Judge T. Lane Wilson is presiding over the deliberations.

The prosecution rested two weeks into the trial after calling 40 witnesses.

The defense called a total of 13 witnesses including Henderson and Yelton who pointed out holes in the prosecution’s case.

On the stand they called the government’s witnesses liars and said they had more physical evidence than the prosecution presented.

In June, officers Nick DeBruin and Bruce Bonham were acquitted and retired Corporal Harold Wells was convicted on five counts including conspiracy to steal money and possession of meth with intent to distribute.

The trials have released 38 people from prison or had their charges dropped.

If the officers are acquitted those drug dealers will still be free unless they get caught and convicted on new charges.

Jurors will return to deliberate on Wednesday at 9 a.m.

You can also follow Abbie Alford on Facebook.

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