Did Gay Killer's TV Interview Violate Plea Bargain?

Did Gay Killer's TV Interview Violate Plea Bargain?
Shocking New Development in Shepard Murder Case
by The Associated Press

Posted: November 27 2004 12:01am ET

(Cheyenne, Wyoming) Aaron McKinney's public comments about the killing of Matthew Shepard violated a promise not to talk about the case, but court records indicate the pledge was not contained in the official sentencing order.

McKinney (pictured on the right) and Russell Henderson (left) gave their first interview Friday night to ABC news.

The two Laramie men said the 1998 attack on Shepard, a gay University of Wyoming freshman, was motivated by the prospect of robbery to fuel a methamphetamine binge, not homophobia. (story)

After he was convicted, McKinney agreed to ''refrain from talking to any news media organizations'' about the murder, according to court records obtained by the Wyoming Tribune-Eagle.

Transcripts show that the presiding judge, Barton Voigt, now a state Supreme Court justice, discussed the plea agreement in chambers Nov. 4, 1999, with McKinney and his attorneys, Dion Custis and Jason Tangeman.

Voigt said he wanted to be sure McKinney understood the agreement and that ''in effect, it's his idea to do it,'' the transcript states.

McKinney said at the time he would sign the plea agreement ''to avoid a death sentence.''

''Paragraph three says you will refrain from talking to any news media organizations regarding this case,'' Voigt said. ''Do you also understand and agree with that?''

McKinney then agreed.

However, the caveat doesn't appear in the judgment, sentence and order of incarceration signed eight days later.

Custis told The Associated Press that the formal agreement stipulated McKinney would receive two life sentences in exchange for felony murder and kidnapping convictions.

''We put some other conditions in there, kind of in the form of a letter, that we agreed to with the Shepard family,'' Custis said. ''I don't think those conditions, such as not speaking to the press, are legally binding.''

''It was more of a courtesy agreement,'' he said. ''We knew at the time, and I hope and I think the Shepards knew at the time, that if Aaron McKinney ever chose to speak, there wasn't much they could do at the time.''

The transcript of the hearing also reveals Voigt told McKinney ''any money you're paid - anything that you might receive for your story, if you will, or your part in this case, that you would assign any of that to the Matthew Shepard Foundation.''

Neither McKinney nor Henderson was paid for the ABC interviews.

''We don't believe inmates should benefit from their crimes,'' Nevada Department of Corrections spokesman Howard Skolnik said.

The two are housed in a facility near Las Vegas because of the inmate housing shortage in Wyoming.

The Wyoming Department of Corrections has a similar policy of nonpayment for interviews. Both states do allow interviews with reporters, but officials say they weigh the requests against security considerations.

While Wyoming officials defer to the host state's policies, they did not disregard reports of McKinney's vow of silence.

''We were concerned about that and we researched it pretty extensively,'' corrections spokeswoman Melinda Brazzale said. ''What we saw actually was a letter from the attorneys (in the court filings).''

The agency determined that since there was no response to the letter, the judge's order is what counted. Since the order contained no stipulation regarding discussions with the media, the department had no reason to deny a reporter's request for an interview.

If the men were housed in Wyoming, officials likely would also have allowed the interview, Brazzale said.

''I don't know why it wasn't put in the order and sentence,'' said Albany County Attorney Rich Bohling, who was a deputy county attorney at the time of McKinney's trial,

Regardless of the order, it is clear McKinney promised not to talk about his involvement in Shepard's murder.

''He gave his word, and it appears now that he's broken his word,'' Bohling said, then added, ''I don't know how much you want to rely on a murderer's word.''

Henderson, who pleaded guilty in April 1999 to avoid a trial and possible death sentence, made no such agreement to avoid appeals or talk to the media.

©Associated Press 2004