No charges against former Oklahoma County judge accused of sexually assaulting multiple women

A special prosecutor has decided not to charge former Oklahoma County District Judge Tim Henderson after a "thorough" investigation into allegations he sexually assaulted multiple women.

Special prosecutor Jason Hicks said his review of the investigation "revealed that those instances do not have the evidence necessary to prove that a crime occurred."

Hicks did sharply criticize the former judge, who was once widely respected in legal circles.

"In this investigation, it is crystal clear that Henderson preyed on young women whom he believed would respond in his favor. His actions generally started with emails, text messages, and an acknowledgment that he was willing and could help them with their careers," Hicks said in a statement about his decision.

"It is obvious that he violated the trust of the public, and our profession, and as such should NEVER be allowed to practice law again.”

Former judge denied that he sexually assaulted anyone

Henderson, 63, abruptly resigned and came under investigation after being accused of sexual misconduct in March 2021. He had been a judge almost nine years.

At least five women came forward during the investigation. Two were prosecutors assigned to his courtroom. A third was a sheriff's deputy.

Henderson − who is married − denied sexually assaulting anyone. He acknowledged he had been in sexual relationships with the two prosecutors but insisted both were consensual.

Hicks informed Oklahoma County District Attorney David Prater, the governor's office and Henderson's attorney of his decision last week. He provided a statement to The Oklahoman Friday.

Both the Oklahoma State Bureau of Investigation and the state's multicounty grand jury looked into the allegations.

Hicks said the numerous emails, testimony and other evidence suggested "there was a cordial relationship between Henderson and all of the women presented through the investigation." Hicks said that "certainly leave doubt in one’s mind as to whether any touching between Henderson and the women was not consensual or invited."

"As such, no criminal case can be pursued.“

Hicks is the district attorney of four counties − Caddo, Grady, Jefferson and Stephens. He was named special prosecutor on May 21, 2021, after Prater disqualified his office.

Prosecutor 'disappointed and disgusted' with former judge's actions

“In my 12 years as an elected district attorney, I have not been as disappointed and disgusted with the conduct of an elected official as I am in this matter," Hicks said of the former judge.

Both Prater and Gov. Kevin Stitt asked the OSBI to look into the accusations against Henderson.

More than a dozen criminal convictions could be reversed because of the sex scandal.

The Oklahoma Court of Criminal Appeals already has granted a new trial in a drug trafficking case. The appeals court ruled 3-1 in July that Aaron Lamar Fort is entitled to a new trial because he was denied his due process right to an impartial judge. A decision in a murder case is expected soon.

"Contact between a judge and an attorney should remain professional at all times," Hicks said.

"Our society is based upon the notion that all people have equal access to justice and will receive a fair trial. When relationships between judges and lawyers become too personal, that notion of fairness suffers greatly. Due process demands that all parties conduct themselves with the thought that someone charged with a crime receives a fair trial and that the process is not weighted to one side or the other.

"While I recognize that relationships develop, those relationships should always remain professional and avoid any appearance of impropriety."

The special prosecutor was going to charge Henderson with sexual battery over the sheriff deputy's accusations, multiple sources told The Oklahoman. He even had the paperwork ready. He changed his mind, in part because of the relationship issue.

The deputy had invited Henderson to her wedding after the alleged contact, sources said.

In his statement, Hicks also explained that "the complaining witness in this instance does not want to move forward with any charges."

In reaching his decision, the special prosecutor also faced restrictions in the law on how long a charge can be filed after a crime, sources said. Those restrictions, known as statutes of limitations, applied to accusations made by two of the women.

Hicks said there was no evidence presented during the investigation suggesting that Prater or Ray Elliott, Oklahoma County's former presiding judge, were aware of Henderson's conduct. Defense attorney Irven Box had called Henderson's conduct with women "the worst-kept secret in the Oklahoma County courthouse."

"District Attorney Prater and Judge Elliott were responsible for ensuring an investigation occurred,” Hicks said.

Elliott retired from the bench this year after completing his latest stint as presiding judge.

The special prosecutor also praised an OSBI special agent in his statement about his decision. He said the agent, Jeremy Yerton, "went above and beyond in his investigation into the allegations that Henderson sexually assaulted multiple women."

State Supreme Court and Oklahoma Bar Association could still weigh in

The Oklahoma Supreme Court will make any decision on whether Henderson can still practice law, if discipline is recommended. The Oklahoma Bar Association, which is made up of the state's lawyers, could seek disciplinary action after a review of the allegations.

The Supreme Court also could be asked to discipline the two prosecutors for continuing to try cases before the judge while in a relationship with him.

Henderson was in good spirits after learning of the decision, his attorney, Tracy Schumacher, said.

"This was a very expensive investigation for taxpayers that should have been conducted by the Oklahoma Bar Association," she also said. "And all three should answer to the Bar Association."

One prosecutor told the OSBI that Henderson made her perform oral sex on him three or four times.

She said he was a mentor to her when she was first assigned to his courtroom in October 2019. She said he unexpectedly began acting inappropriately toward her in 2020. "She was shocked and didn't know what to do," the OSBI reported in a request for a search warrant. "She didn't feel like she could tell anyone because of who he was."

She said the sexual abuse continued until March of 2021. She no longer works at the Oklahoma County courthouse.

Henderson claimed the two engaged in a one-year consensual affair and that she started it.

"The flirtation continued with texting, emailing, her coming to my office, us engaging in sexual relations in my office after hours, and her sending me photographs of herself," he claimed in a written statement.

The other prosecutor alleged Henderson began sexually abusing her in April 2016. She alleged "Henderson continued to sexually abuse me until July or August of 2018."

She said she kept quiet because of the power he had in the legal community.

She told the OSBI "she did not want to engage in anything Henderson did, but the longer the touching went on, the more trapped she felt − like it was too late to get out of it."

Henderson claimed they had a consensual sexual affair that began in April 2016 and ended in August 2018.

He claimed that prosecutor gave him gifts and cards during the affair. He claimed they engaged in sexual conduct in his office, in her apartment and in hotel rooms that she paid for.

Henderson made his claims in statements for evidentiary hearings held because of the appeals in the drug trafficking case and murder case.

Henderson had been both a prosecutor and a criminal defense attorney before becoming a district judge in July 2012. He was an Edmond police officer from 1980 to 1986.

He presided during his judicial career over some of the state's most highly publicized criminal trials.

In 2015, he oversaw the jury trial for a fired Oklahoma City police officer who was found guilty of sexually assaulting women while on duty and off. The former officer, Daniel Holtzclaw, is serving a 263-year prison sentence for crimes involving eight victims.

This article originally appeared on Oklahoman: No charges against former Oklahoma County judge in sex scandal