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    Appeal denied for New Market man convicted in 2015 murders of 5 people

    By Maggie MattesonLogan Sparkman,

    15 days ago

    https://img.particlenews.com/image.php?url=2ZOjRB_0snIfk5500

    MADISON COUNTY, Ala. (WHNT) – A New Market man convicted of 15 counts of capital murder has been denied an appeal after arguing that his rights to a public trial were violated.

    Christopher Henderson was found guilty of killing his estranged wife, Kristin Smallwood, their unborn child Loryn Brook Smallwood, Kristin’s son Clayton Chambers, her one-year-old nephew Eli Sokolowski and her mother Jean Smallwood.

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    Henderson’s appeal stated that the trial court violated his rights after courtrooms shut down during the COVID-19 pandemic. The appeal argues that although the trial court used Zoom to broadcast the trial to other rooms in the courthouse where the public could observe, the Zoom broadcast did not start until the second day of the trial.

    Court documents show Henderson’s counsel conceded during oral argument that the Zoom broadcast was “a proper way to address the social-distancing needs and the need for public access.” But, his attorneys said that the ‘total closure’ on the first day was a violation of his right to a public trial.

    The court of appeals stated in its denial that there is no record or evidence the first day was not broadcasted through Zoom.

    “The problem with Henderson’s argument, then, is that the record does not affirmatively indicate that the trial court did not use the Zoom broadcast on the first day of voir dire, and the allegation of closure made by Henderson’s appellate counsel is not evidence to that effect… We also note that the State has not conceded that the trial court did not use the Zoom broadcast on the first day of voir dire,” the denial states.

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    The appeal also alleged his rights to public trial were violated at other hearings, such as pretrial hearings, scheduling conferences and charging conferences. Those arguments were also denied by the court.

    In 2015, Henderson broke into the Smallwood home and murdered Kristin, Jean and the kids, and then set the home on fire. Court documents state that after the fire was extinguished, responders found Loryn, the unborn infant, ‘cut-out’ of her mother and in a separate part of the house.

    Henderson’s first wife, Rhonda Carlson, drove him to the home and helped him spread gasoline to accelerate the fire.

    He was convicted on 15 counts of capital murder in July 2021, and a few months later, Madison County Circuit Court Judge Chris Comer sentenced him to death . He is being held at Holman Correctional Facility awaiting an execution date.

    Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

    For the latest news, weather, sports, and streaming video, head to WHNT.com.

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