The Henderson Sentencing -- and Where We Go From Here

So Shawn Henderson has been sentenced to life in prison without the possibility of parole for the shooting death of Lindsay Marie Harvey (an updated version of last week's Gazette coverage appears in today's edition. This was, by all accounts, the best possible outcome. It is what we asked State's Attorney George Simms to pursue when we met with him last summer just a few months after Lindsay's murder. It was the only punishment, absent the death penality, that we believed would do justice for Lindsay and her family. And given Henderson's violent history and the danger he poses, it was the only ruling that made sense.

Judge Terrence McGann got it right. He considered Lindsay's life and Henderson's life. He spoke of the senselessness of Henderson's crime. He considered Henderson's history and concluded that he would be "derelict" in his duty if he did not permanently remove Henderson from society. He told Henderson that the convicted murderer had "forfeited" his right to be in our community. And he also praised Lindsay's friends and family for their courage in speaking out against Henderson through their victim impact statements, even calling them "powerful".

And the judge went one step futher. McGann told Henderson that, although he has the right to appeal his sentence and ask for it to be reconsidered at some point, he said he would advise any panel that reviews Henderson's case against recommending his release from prison. Basically, the judge said, any attempt on Henderson's part to regain his freedom would be "an exercise in futility" (if only McGann had been the presiding judge when Henderson was being prosecuted for his 1999 knife attacks).

I couldn’t help but take some grim satisfaction in the fact that several of Lindsay's family members, friends, and supporters attended last week's hearing, while no one showed up to support Shawn Henderson. After all, Lindsay died frightened and alone at the hands of this monster. Now, here was Henderson, sitting there at the defense table, shaking and trembling, about to learn of his own fate, and no one was there to help him, except for his attorneys -- and they get paid to do that.

Oh yes, Henderson "apologized" but didn’t actually admit to killing Lindsay. Henderson's "apology", of course, comes after being convicted in a trial where he not only pleaded not guilty and had his attorneys try to blame his cousin for the shooting but threatened one of his co-assailants with murder if he didn’t "take his beef" for Lindsay's death.

If nothing else, the hearing has provided some closure. It has given us some peace of mind, knowing that Henderson will spend the rest of his life in prison, no longer free to hurt another human being.

But the feelings of anger, sadness, and bitterness remain. Anger at Henderson. Anger at the justice system that had him within its grasp and simply let him go when it should have been able to see what an animal he still was. Anger at the lawmakers in Maryland that allow this system to continue the way it is and still are not swayed by tragic incidents like this. Anger at the defense attorneys in this state who inexplicably try to defend this system and claim that it actually lessens the chances of a violent offender's recidivism, despite all evidence to the contrary.

On a personal note, this whole thing has affected me in ways that I cannot even begin to explain. I've spent a good amount of time getting to know the Lindsay's family, in particular Deb Harvey, Lindsay's mother. These are good people. It breaks my heart that this horrible injustice was inflicted upon them.

If Lindsay's death teaches us anything, it is that we are all vulnerable. Violent crime is not just something that we see on the news, or something that happens only to people who make the wrong choices in life. It affects everyone. No one is immune. And the worst part of all is knowing that it can happen because the system that is supposed to be protecting you really isn't doing that.

Lindsay Harvey lived a good life. She loved animals. She loved kids. She loved her family and her friends. She loved her job, and she loved science so much that she taught it to others here in Maryland. She did all the right things, kept company with the right people, and made good decisions in life. And yet somehow it wasn't enough to keep her from becoming the victim of a random act of violence.

It doesn’t make sense, and it never will. But this is the reality we live in. We must do our part to protect each other. Please continue to join us in my efforts to change the system that we can prevent these awful, senseless crimes from happening again and again. Write to your state delegates and senators. Write to Sen. Brian Frosh at brian.frosh@senate.state.md.us. Write to Del. Joseph Vallario at joseph.vallario@house.state.md.us. Sen. Frosh says he supports tough sentences for violent offenders. Tell him to back those words up and move the diminution credit legislation he let die this year out of the Judicial Proceedings Committee in the 2010 legislative session.

You can make a difference, and there is no excuse not to try.

Justice was done in that courtroom last week. But we've got a long way to go. Mitch Cunningham, quoted in The Gazette, has said that the Henderson sentencing will "redouble our efforts" to get diminution credit legislation passed in the General Assembly. I will be part of that effort. So will Deb Harvey. Won't you please join us?