Detective discusses evidence found at murder scene

MARSHALL —  Jurors in the trial of a 19-year-old charged with the murder of an elderly couple looked at crime scene photos, and heard about DNA evidence and conflicting witness statements on Thursday.

Detective Ed Bailey detailed crime scene photos and evidence discovered in the investigation of the June 5, 2006, deaths of Richard and Jessie Shepard in Saline County Court on the third day of Lyndale Henderson’s murder trial.

Bailey, a detective with the Jasper County Sheriff’s Office in June 2006, investigated the killings as part of the Rural Missouri Major Case Squad. Bailey was also one of the officers who questioned Daniel Berning, a suspect and key witness in the case, in a video shown to jurors on Wednesday.

Bailey described to jurors the photographs taken on June 7, 2006, during the initial investigation of the Shepards’ home, along with the process he used in searching the burn-damaged scene. He also displayed a charred wallet, lighter and metal can found in the home days after the incident. The wallet, belonging to Richard Shepard, was found on the floor near a nightstand in the couple’s bedroom and contained $400 in cash.

Henderson is charged with first-degree murder, first-degree arson, armed criminal action, burglary and theft. Berning already pleaded guilty to the killings, and testified as part of a plea deal with prosecutors. Another defendant, Spencer Anderson, pleaded guilty to two counts of second-degree murder, two counts of armed criminal action, and one count each of first-degree burglary and first-degree arson. He was sentenced to seven years in prison on the burglary conviction.

During cross-examination, Bailey acknowledged that there was no direct connection between the evidence found at the Shepards’ home and any of the suspects.

“I’m not aware of any evidence that links anyone to the crime,” Bailey said.

Public defender Kathryn Benson also questioned Bailey on tactics he used in questioning Berning. Bailey admitted to lying to Berning, but added that there was no rule against that method.

Regarding the advised methods of interviewing a suspect, “there is no specific technique,” Bailey explained.

Jurors also heard testimony from Richard Schaefer, a Marshall Fire Department captain who went to the fire at the Shepards’ home early June 5, 2006. Schaefer described seeing flames spewing out of windows as fire trucks arrived, the engulfed bedroom, and flames rolling across the ceiling inside the house.

“When we first opened the door and started in, there was a lot of smoke rolling out,” Schaefer said. “Visibility was probably two feet.”
Schaefer verified the authenticity of photos of the Shepards’ charred home, but did not see any suspects or anything unusual in the area on the night of the fire.

Saline County Prosecuting Attorney Donald G. Stouffer called Zona Henderson to testify Thursday afternoon about a conversation she overheard in Payton Park on the evening of June 10, 2006. Henderson, no relation to the defendant, testified that she overheard a man and a woman discussing the Shepards’ deaths, but was unable to identify the speakers. She stated that she did not contact police with this information. She claimed her statement later filed with police was filled out by Marshall Police Detective Jill Markes, who added references to Lyndale Henderson and the golf club without her knowledge.

The statement submitted to police indicated that Zona Henderson overheard Lyndale Henderson speaking about the killings and mentioning the golf club as the weapon used. Later testifying to a grand jury, she claimed that she did not know the identities of the speakers she overheard. She was charged with perjury. Prosecutors offered to grant immunity in exchange for her testimony on Thursday, and Henderson maintained she was unaware of who she heard discuss the Shepards’ deaths.

“I heard someone say they beat somebody, but basically that was it,” Henderson said.

Markes then testified that Zona Henderson had initially mentioned Lyndale Henderson as the man she overheard in the park discussing the Shepards’ deaths and the golf club. Markes said the statement was in her handwriting because Henderson was too upset to write it herself.

State experts in detecting ignitable substances, fingerprints and analyzing DNA also testified Thursday. Substances similar to liquid sandpaper and charcoal lighter fluid were discovered on two metal cans and a small plastic lid, but no accelerants were discovered on the Shepards’ bodies. No evidence of fiber, hair, fingerprints or DNA connecting Lyndale Henderson, Spencer Anderson or Daniel Berning to any items found at the scene were detectable.

The case is expected to continue today.