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Henderson supporters relieved by execution reprieve

08:31 AM CDT on Tuesday, June 12, 2007

By AMY JOHNSTON
KVUE News

Cathy Lynn Henderson was scheduled to be executed on Wednesday, but late Monday afternoon she won an indefinite reprieve.

Supporters like Kathy List, who's recently deceased husband Fred List was closely involved in the fight for Henderson's freedom, was relieved.

List says late Monday she received a call from leading death penalty opponent Sister Helen Prejean.

List says Prejean said, "Fred is directing and God is taking care of this thing and we are winning. This all is all very great news. We are all very happy about it."

In 1994, a jury convicted Henderson in the murder of 3-month-old Brandon Baugh, a child she was babysitting.

Henderson told authorities she panicked when Baugh stopped breathing after she accidentally dropped him so she fled and buried him in a wine cooler box in Bell County.

She was arrested eleven days later in her hometown of Independence, Missouri.

Prosecutors said Baugh's injuries were made with same force as a fall from a two-story building.

During trial in 1994, then-Travis County Medical Examiner Robert Bayardo testified to the extent of the infant's injuries, "I could put three of my fingers in the fracture and they would sink into the brain."

But the defense argues that scientists now believe even small amounts of trauma can cause massive head injuries in a child.

The Texas Court of Criminal Appeals wants the trial court to take a closer look at those claims, but it will likely be months before the trial court could hold any hearings.

The prosecutor Monday said his office respects, but disagrees, with the court's decision.

This new hearing will be before the same judge who presided over the original criminal trial. He will then recommend whether Henderson should get a new trial.

The Baugh family did not return KVUE's calls for comment.

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