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Rob Van Henson
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Rob Henson’s Legal Cases

6 total

  • CF-10-27, State v. Michael Jack Whitaker (Rogers County).

    Practice Area:
    Criminal Defense
    Date:
    Oct 24, 2011
    Outcome:
    Jury Trial, Acquittal on All Counts
    Description:
    CF-10-27, State v. Michael Jack Whitaker (Rogers County). Mr. Whitaker's step children, one male & one female, came forward in 2009 & accused Mr. Whitaker of rape, forcible sodomy, lewd molestation, physical child abuse, & child endangerment. The children claimed the abuse began in 2001 when the girl was five & the boy was six, & ended in 2003 when Mr. Whitaker moved out of the family home. The State formally charged Mr. Whitaker with two counts of lewd molestation, two counts of forcible oral sodomy, & two counts of child endangerment. In their written statements & forensic interviews, both children accused Mr. Whitaker of raping the female every other day, as well as forcing her to perform oral sex and touch Mr. Whitaker's penis. Both children claimed that the male child was forced to watch this alleged sexual abuse on two separate occasions. In addition to the step children, Mr. Whitaker had four biological children with the children's mother. Two of those biological male children were born with cerebral palsy. In addition to the sex crime allegations, the male stepchild accused Mr. Whitaker of various acts of physical child abuse: breaking his infant brother's (one of the boys with CP) leg in 2002; beating the children with a 2" x 4" beating the children with a bar of soap stuffed in a sock being the cause of the infant children's brain damage because he beat them so frequently as babies threatening to kill the children holding a knife to the mother's throat & threatening to kill her In an unusual reversal, a reverse Burks, if you will, the defense wanted to bring in all of the rape & physical abuse allegations as impeachment against the accusers, & the State wanted to keep it out. Mr. Whitaker took the stand in his own defense & denied all of the allegations. The jury acquitted him of all six counts after deliberating one hour and fifteen minutes.
  • State v. M.J.S., Tulsa County

    Practice Area:
    Criminal Defense
    Date:
    Mar 12, 2012
    Outcome:
    Case Dismissed.
    Description:
    Mr. Henson’s client was accused of importing Methylone from China. In fact, Customs and Border Protection in San Francisco, California had intercepted 10 pounds of alleged Methylone from China that was addressed to the client’s home address in Tulsa. Customs and Border Protection contacted the Department of Homeland Security, the Drug Enforcement Administration, the U.S. Postal Inspector, and the Tulsa County Sheriff’s Office about the 10 pounds of Methylone. The federal and state agencies agreed to cooperate with one and other and they began conducting surveillance on the client. After a period of time, Customs sent the Methylone to Tulsa so it could ultimately be delivered to the client and once he accepted delivery, he could be arrested for Manufacturing a Controlled Drug or Possession of a Controlled Drug With Intent to Distribute. The federal and state agencies obtained a state search warrant for the client’s house and arranged for a controlled delivery of the Methylone. An agent from the office of the U.S. Postal Inspector posed as a FedEx delivery person and delivered the 10 pounds of Methylone to the client’s residence, while Homeland Security, the DEA, and Tulsa County Sheriff’s Deputies waited around the corner. Once the delivery was made, law enforcement stormed the house and executed the search warrant. The federal and state agents seized the 10 pounds of Methylone, 1,500 Xanax pills, a $25,000 pill and capsule manufacturing machine, pill bottles, a pistol, ammunition, $63,000 in cash, scales, credit card machines, computers, iPhones, two automobiles, and numerous other items of evidentiary value. Once inside the house, the agents applied for, and were granted, 5 additional search warrants for the client’s place of business, his storage unit, and his computers. The client was taken into custody and interrogated extensively. During the course of the investigation, the police arrested the client’s mother in an effort to coerce him to cooperate. In order to keep his mother from being charged, the client gave a long and detailed confession to the police. The client was charged with Manufacturing a Controlled Drug, Possession of a Firearm While in Commission of a Felony, Possession of Drug Paraphernalia, and was facing up to life in prison. Mr. Henson got involved in the case immediately after the client posted a bond to get out of jail, and after extensively interviewing the client and his mother, began his own investigation into the case. Mr. Henson discovered serious flaws in the government’s case, and that the initial search warrant was defective. He went to work attacking the proof. Mr. Henson filed a Motion to Suppress the Evidence and Statements in the case. At a suppression hearing, the judge agreed with Mr. Henson that the search warrant was defective and ALL of the evidence in the case was suppressed, including the 10 pounds of Methylone, the 1,500 Xanax pills, and the firearm. Since the original search warrant was defective, the subsequent 5 warrants were also found to be invalid, and the client’s confession was thrown out as well. Without any evidence, the case was dismissed and the client’s property was returned to him!
  • State v. P.L., Tulsa County

    Practice Area:
    Criminal Defense
    Date:
    Apr 05, 2010
    Outcome:
    Case Dismissed.
    Description:
    In this Tulsa County case, the client was charged with Trafficking in PCP. The client had three prior drug convictions and was facing life in prison without the possibility of parole (LWOP). The client was arrested and two ounces of alleged PCP were discovered in his coat pocket. The police claimed they arrested the client because they discovered he had an outstanding warrant for traffic tickets. The police then claimed the search of the client’s pocket was a search incident to arrest. Mr. Henson conducted a thorough investigation and discovered that the officers were not aware of the outstanding traffic warrant until after the client was arrested booked into jail. He issued subpoenas for the data from the officer’s patrol car computers, the police radio transmissions that the officers made to the dispatcher, and he also issued subpoenas for the officer’s personal cell phone records. There was absolutely no record of the officers ever calling in for the client’s record before the arrest. This meant that the officers had conducted an illegal search of the client and they had illegally seized the alleged PCP, because they did not have probable cause to believe a crime had been committed. Mr. Henson then filed a Motion to Suppress the Illegally Seized Evidence. The judge agreed the evidence was illegally seized and the evidence against the client was suppressed. Without any evidence, the case was dismissed and the client was set free!
  • State of Oklahoma v. A.H.

    Practice Area:
    Criminal Defense
    Date:
    Jan 10, 2013
    Outcome:
    Case dismissed.
    Description:
    Client was charged with Endeavoring to Manufacture Methamphetamine and facing from 7 years to life in prison. After a thorough cross examination of the State's witnesses, Mr. Henson argued the State had failed to prove its case. The judge agreed and the case was dismissed.
  • State v. Brenda Gillespie

    Practice Area:
    Criminal Defense
    Date:
    Jun 25, 2014
    Outcome:
    Jury trial: acquittal
    Description:
    In this Wagoner County jury trial case, the client was accused of two counts of malicious injury to property, and facing up to two years in jail. At the trial, Mr. Henson was able to discredit the testimony of the prosecution's eye witness, as well as put two alibi witnesses on the stand in defense of his client. The jury deliberated less than 30 minutes and returned a verdict of not guilty on both counts.
  • State v. Scott Galbraith

    Practice Area:
    Criminal Defense
    Date:
    Aug 13, 2014
    Outcome:
    Jury trial: acquittal
    Description:
    In this Tulsa County jury trial case, the client, a United States Marine, was facing two years in jail for two counts of threatening an act of violence. The prosecutor offered the client six months in jail in exchange for guilty pleas to both counts. Mr. Henson and the client rejected this offer. While driving down Memorial in Tulsa, the client was accused of threatening two young women while using the loudspeaker connected to his truck. The client also had an AR-15 in the gun rack in his truck. At the trial, Mr. Henson was able discredit the testimony of the two complaining witness, by pointing out their inconsistent statements and their exaggeration of the facts in the case. The jury returned a verdict of not guilty on both counts.