Ron
November 8th 03, 04:53 AM
PLATTSMOUTH, Neb. - Ivan Henk was silent Monday when someone finally asked
him to speak up in court.
Known for courtroom outbursts, Henk stood mute when asked how he wanted to
plead to a charge of killing his 4-year-old son.
Sarpy County District Judge William Zastera entered a not-guilty plea on
Henk's behalf and scheduled a trial for Feb. 2.
Henk, 25, was in Cass County District Court in Plattsmouth to be arraigned
on a charge of first-degree murder in the death of Brendan Gonzalez. The boy
disappeared Jan 6.
During a hearing that lasted less than five minutes, Zastera also ruled
against a defense request for more specifics on why prosecutors are seeking
the death penalty.
Defense attorney Jerry Soucie previously had asked the judge to make
prosecutors explain what aggravating circumstances exist.
A recent amendment to Nebraska's death penalty laws states that a jury must
decide if aggravating circumstances exist to warrant capital punishment.
Cass County Attorney Nathan Cox wrote in a court filing that the aggravating
factor in Henk's case was that the crime was "heinous, atrocious, cruel, or
manifested exceptional depravity."
Zastera ruled Monday that the filing is sufficient. The law states that
prosecution must give notice only that they intend to seek the death
penalty.
Wearing an orange jail jumpsuit and handcuffs, Henk was ushered into and out
of the hearing quietly. He spoke only to tell the judge, "Yes, sir."
The quietness was a departure from an April appearance when Henk shouted in
court that he killed Brendan because the boy was the Antichrist.
Authorities have said that Henk also told them that he dumped the body in a
trash bin at the "R" Apartments in Bellevue.
Despite a 30-day search of the Sarpy County Landfill, the boy's body has not
been found.
http://www.omaha.com/index.php?u_np=0&u_pg=1636&u_sid=906570
him to speak up in court.
Known for courtroom outbursts, Henk stood mute when asked how he wanted to
plead to a charge of killing his 4-year-old son.
Sarpy County District Judge William Zastera entered a not-guilty plea on
Henk's behalf and scheduled a trial for Feb. 2.
Henk, 25, was in Cass County District Court in Plattsmouth to be arraigned
on a charge of first-degree murder in the death of Brendan Gonzalez. The boy
disappeared Jan 6.
During a hearing that lasted less than five minutes, Zastera also ruled
against a defense request for more specifics on why prosecutors are seeking
the death penalty.
Defense attorney Jerry Soucie previously had asked the judge to make
prosecutors explain what aggravating circumstances exist.
A recent amendment to Nebraska's death penalty laws states that a jury must
decide if aggravating circumstances exist to warrant capital punishment.
Cass County Attorney Nathan Cox wrote in a court filing that the aggravating
factor in Henk's case was that the crime was "heinous, atrocious, cruel, or
manifested exceptional depravity."
Zastera ruled Monday that the filing is sufficient. The law states that
prosecution must give notice only that they intend to seek the death
penalty.
Wearing an orange jail jumpsuit and handcuffs, Henk was ushered into and out
of the hearing quietly. He spoke only to tell the judge, "Yes, sir."
The quietness was a departure from an April appearance when Henk shouted in
court that he killed Brendan because the boy was the Antichrist.
Authorities have said that Henk also told them that he dumped the body in a
trash bin at the "R" Apartments in Bellevue.
Despite a 30-day search of the Sarpy County Landfill, the boy's body has not
been found.
http://www.omaha.com/index.php?u_np=0&u_pg=1636&u_sid=906570