As the Oklahoma State Bureau of Investigation is working with an outside prosecutor to investigate allegations made against former Oklahoma County judge Timothy Henderson, defense attorneys said this first post-conviction appeal was just the tip of the iceberg.
Convicted drug dealer Aaron Fort was sentenced to 23 years in prison in former Judge Henderson’s courtroom last year. His lawyers said one of the prosecutors in the case was having an alleged affair with Henderson at the time.
Fort public defenders recently filed a 33-page appeal citing Henderson’s alleged sexual misconduct as the basis for a new trial.
“Really, there is a need for them to address these issues,” said defense attorney Clay Curtis. “And I understand they are filing documents on search warrants and referring to filed items.”
Curtis said that forts due process rights were violated in Henderson’s courtroom along with several of his clients.
“I think that creates real doubts about the entire trial,” Curtis said. “That should be a fair trial.”
In the further course of the investigation, he expects further appeals. Defense attorneys will watch additional convictions involving the alleged victims and Henderson.
“We are looking at a variety of post-conviction appeals filed in both jury, extrajudicial and appeals to his court,” said defense attorney Irven Box.
Henderson has led a number of high profile trials, including convicted serial rapist and former Oklahoma City officer Daniel Holtzclaw. A belief that is now being questioned.
“I think that could form a basis for the Holtzclaw case,” said Box. “Who did the same thing Henderson supposedly did.”
Henderson was not charged. His lawyer said relations with the women were amicable.
Related: 2 attorneys list suspected sexual misconduct allegations against former Oklahoma Co. District Judge
Related: Search warrants reveal the history of complaints against former Judge Timothy Henderson