(© FlaglerLive)
Five days before his Monday trial on numerous charges of raping his step-daughter over many years–a trial that has been delayed several times since last fall, at his request–Kristopher Henriqson on Wednesday again asked the judge for a continuance.
This time Circuit Judge Dawn Nichols refused. “Mr. Henriqson, we’re going to trial, sir,” she told him.
“I just received word this morning from my key witnesses that they have not been served subpoenas, and I’ve subpoenaed them twice already,” Henriqson said. He had sent the subpoenas to the clerk to be served to his witnesses. Subpoenas are served by the Sheriff’s Office, not the clerk.
“Again, this was a concern that I’ve had all along with self-representation,” the judge told him, “is that your lack of knowledge and legal knowledge of procedure can put you in a very bad position.”
Henriqson, a previously convicted federal and state felon, faces two capital felony and one life felony charge of raping a child younger than 12 and younger than 18, and seven first-degree felonies of rape and molestation. All the charges involve his stepdaughter, Avery (*), who disclosed the alleged assaults to a teacher at her middle school last year, when she was 12.
Avery told a teacher, a counselor and a Child Protection Team trauma therapist that the assaults had been going on for three years at her Palm Coast house, the last within 24 hours of her initial disclosures. She had not showered, enabling the collection of DNA samples from her chest, where Henriqson had allegedly last left evidence of his abusive gratification. DNA evidence will be introduced at trial.
He has turned down a plea deal that would have had him serve 45 years in prison. Henriqson is 48. He faces life in prison if convicted by a 12-member jury to be selected starting Monday morning (April 13).
Henriqson was originally represented by Assistant Public Defender Spencer O’Neal. He rejected O’Neal when the attorney objected to being a party to an illegally obtained recording of Avery, made by her babysitter, Rhiannon Gross, at the Lindsay Drive house where the alleged assaults occurred. Henriqson wanted to use the recording to impeach Avery–to show her to be dishonest and therefore not credible, as that would be his only defense: that the girl made up all the allegations because she didn’t like him.
In a previous motion, Henriqson paraphrased Avery allegedly saying: “I know how to convince people of things I want them to believe,” and “I understand the proper conduct for court to make things believable.” It has not been clear whether those statements were captured on tape or whether Gross reported them. If true, they might suggest that the girl is making up her allegations. But they are inadmissible, as it is a third-degree felony in Florida to secretly record someone. Illegally obtained evidence is inadmissible in court. There are exceptions. This is not one of them.
Henriqson also rejected O’Neal because O’Neal wouldn’t advance the defense that Avery couldn’t possibly have been raped since her hymen was intact–a defense the medical literature does not support, as O’Neal told his client. He decided to represent himself, and agreed to have O’Neal be his stand-by counsel.
Through two dozen hearings, Nichols every time asked Henriqson whether he wanted to persist with self-representation, and almost every time showed him why that was a bad idea. Henriqson has filed dozens of motions, including requested rehearings on the secret tape, the latest one this week. He has lost every time.
It happened again Tuesday and Wednesday in successive hearings as Henriqson again tried to argue for the recording’s validity, and again showing his poor grasp of the law, of procedures, and of his own case, beyond a tunnel-visioned focus on the inadmissible (meaning the evidence, not his alleged acts).
“Is this alleged audio that’s out there, is it still out there? And is she lying under oath about it, telling Mr. Henriqson that it still exists?” the judge asked, referring to Gross. “So Mr. Henriqson, I need to know.You keep asking for this to come in, but the witness has indicated that it no longer exists, that she destroyed it.”
“I haven’t discussed it with her, but from what I understand initially, it was sent to various attorneys,” Henriqson said.
“It’s very vague about what’s actually in there,” the judge said. “I don’t hear any indication that there’s any exonerating evidence on there, that she says that you didn’t do it. There are no statements like that.”
Assistant State Attorney Melissa Clark, who is prosecuting the case, considers the recording inadmissible regardless. The judge agrees. She was willing to hear the tape in chambers, but not to admit it. “But I don’t even know if there is a tape out there.” She again denied the motion to let the recording in.
“ I know for a fact, there is an attorney that has a copy of it,” Henriqson said.
“I just want to make sure he understands,” Clark said, “when you rule this way, he doesn’t get to talk about it at all in front of the jury.”
Henriqson persisted, but was confusing a law that makes it permissible for children, parents or guardians to secretly record someone’s abuse or intent to abuse, with his witness’ recording of the victim making allegedly incriminating statements about herself.
“She’s not a suspect of sexual abuse. You are,” Clark told Henriqson.
When that approach failed, he brought up a problem with a key expert witness–the gynecologist who would review the state’s report of the exam of the victim.
“I haven’t even had a chance to even talk to him,” Henriqson said, though it had been weeks since the judge allowed him to line up the witness.
“I jumped through all kinds of hoops, granted continuances to allow you to do this,” the judge said. “I would imagine that the doctor may not be inclined to show on such short notice, and whether or not the doctor is going to get paid to appear to testify. These are the issues that each time I had conversations with you, Mr. Henriqson, about how difficult it is to self-represent in cases like this, that it’s hard enough for the lawyers to dot their i’s and cross their t’s, to make sure that they have witnesses, available witnesses, present witnesses paid for, because witnesses don’t like to come and testify if they’re not getting paid. So I have grave concerns that you may be doing yourself a disservice by continuing self representation, but it is your right to do so.”
That was at the Tuesday hearing. On Wednesday, at docket sounding–when Nichols set the trial date–the issue with the gynecologist had been resolved. He would appear by zoom, as would Clark’s expert. But there was a new problem.
Henriqson said Gross was sick and won’t be able to make the trial date. So was her boyfriend, Obria Turner. Both are among his witnesses.
“You’re saying they both have health issues and they can’t come?” the judge asked.
“Yes. In fact, her boyfriend is actually scheduled for a major back surgery on the 13th, which is the day of” the trial, Henriqson said, referring to Turner. “She also has an appointment the 11th, which it’s for her condition.” (Gross suffers from lupus, “and stress is a major trigger to her crippling symptoms,” Henriqson wrote in a December motion.)
“The 11th is a Saturday,” Clark said. “I would object. State’s ready.” She added: “It just seems like we’re constantly trying to delay the inevitable trial.”
“On top of that, also,” Henriqson said, “I’m just now getting an update from my expert who’s requesting more information. I don’t feel like he would have enough time to be prepared for trial.”
The judge rejected another delay and ordered the jury pool, from which 12 jurors and two alternates will be picked starting at 8:30 Monday morning before Nichols. “I do not and I do not anticipate jury selection being lengthy,” she said.
Avery is expected to testify for the state. Henriqson, who was considered her stepfather, will have the right to cross-examine her. It’s probably with that in mind that the judge cautioned: “If improper questions are asked, I expect objections, they will be ruled on,” the judge said.
(*) The name is a pseudonym randomly generated by AI for girls born around 2013.
Laurel says
I don’t care what the little girl said on any supposed tape, the DNA evidence on her chest tells the truth.
It is fairly common for psychopaths to attempt to represent themselves. They often think they are smarter than everyone else.
Endless dark money says
your local GOP are protecting pedophiles and simply don’t care about kids or you. pushing misinformation or just deciding not to prosecute because they have money! End GoP terror! Never trust a rapeublican!