Henley Trial Attorney Challenges Victims’ Identification
by Christy Hoppe
Skirmishes over the identification of five murder victims sprouted yesterday, even as the prosecution announced intentions to conclude its battle Monday in the trial of Elmer Wayne Henley Jr. In two days of testimony, prosecution witnesses have told of 27 bodies uncovered at three mass gravesites under Henley’s direction back in August 1973. The defendant told police he participated in many of the killings and burials, according to his statement presented to the jury Thursday. Henley, 23, is charged in six of the murders, although only five were identified yesterday. Another medical examiner is expected to testify Monday before the prosecution rests to identify the sixth victim.
All the victims were buried nude and covered with lye to aid decomposition. Chief Houston Medical Examiner Joseph Jachimezyk testified yesterday he used dental records to identify the victims. The doctor explained such medical comparisons left a small room for error, an error defense attorney Will Gray attempted to expand into a reasonable doubt of the victim’s identifications. Gray had informed prospective jurors earlier during their selection that any reasonable doubt in the identities of victims should obligate the panelists to find Henley innocent of the murders. Prosecuting attorney Doug Shaver objected that whatever constitutes a reasonable doubt should be left up to the jurors and not witnesses.
District Judge Noah Kennedy allowed the questioning to continue. “As you know, I must allow great latitude on cross examination. I think the jury can interpret (reasonable doubt) any way they like,” Kennedy said outside the presence of the jury. Jachimezyk described his examinations of five bodies pulled from gravesites at either a southwest Houston boat stall, Lake Sam Rayburn in San Augustine County and the small city of High Island, north of Galveston. A body identified as Charles Cobble was both choked and shot twice in the head.
The second, identified as Homer Garcia, was discovered with three bullets, two in the head and one through the chest. Strangulation might also have been a factor in his death, Jachimezyk said. Frank Aguirre and Johnny Ray Delome, both probably dead since February 1972, were found with adhesive tape covering their entire faces and what appeared to be washrags stuffed down their mouths and throats. A hangman’stype noose was still around Aguirre’s neck and Delome had a bullet wound directly between his eyes. A body identified as Marty Ray Jones had been choked to death, Jachimezyk said.
Asked by Shaver if the the doctor felt the identifications were correct, “Beyond any doubt,” Jachimezyk said. According to Henley’s police statement, in 1972 and 1973, he secured young boys for Dean Corll, who would sodomize the victims kill them. Earlier yesterday, Pasadena Detective David Mullican testified Henley had shot Corll six times on Aug. 8, 1973 after the 33-year-old turned on Henley. During the investigation of Corll’s murder, Henley told Mullican he had “to get it off his chest,” and the story of homosexual torture, murder and burial unraveled, the officer has told the jury.
Defense attorney Gray questioned the officer concerning his custody of Henley, implying that some of the defendant’s rights were abused. At one point, Henley told Mullican he didn’t want a lawyer because he didn’t want his mother to have to pay the fees, the officer said, later acknowledging he did not remind Henley of his right to a free court appointed lawyer. Gray then asked if the conversation didn’t suggest that Henley did not understand his rights. Mullican replied no. Because of the rapid pace of proceedings, court was recessed early yesterday since Houston witnesses, not expected to be needed until Monday, were not present.
State prosecutors said they would rest Monday. Gray said he would not call any witnesses for the defense. “We’ve been getting what we think we need,” Gray said I after recess yesterday.
