photo by: Mike Yoder

The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St.

A Lawrence man could face up to 40 months in prison or, as his lawyer is requesting, only 17 months of probation for attempting to solicit sex from an undercover sheriff’s deputy who was posing online as a 14-year-old girl.

But Douglas County District Judge Paula Martin said she wouldn’t make that decision until Monday morning, after she has had time to digest evidence and testimony in the case, which included pleas for mercy from the defendant’s family.

Michael L. Henderson, 38, was convicted in April on one count of electronic solicitation of a child, a felony that could result in a sentence of 20 years in prison under Kansas law.

But defense attorney Nick David argued that there was no reason for Henderson to spend any time in prison, given the fact that he has no prior criminal history — not even a serious traffic offense — and the fact that there was no actual victim in the case.

He argued that Kansas courts have granted even wider departures from standard sentencing guidelines in cases involving decoys posing as children online.

Assistant District Attorney David Melton said he agreed there was reason for a reduced sentence, but he argued that Henderson was convicted of a serious crime, and it didn’t matter that there was no actual victim involved.

“The evidence shows he thought there was a 14-year-old child,” Melton said, noting that Henderson had gone to a prearranged meeting place, with condoms, and indicated that he intended to have sex with a girl.

“Thank God there wasn’t an actual 14-year-old child waiting for him,” he said.

In September 2016, Henderson posted a personal ad on Craigslist indicating that he was seeking a female bowling partner. Acting on a tip from someone who suspected he was looking for children online to have sex with, an undercover sheriff’s detective responded to the ad, posing as a fictitious 14-year-old girl named “Heather Johnson.”

The defense argued that it was the detective who initiated the email conversations, but prosecutors said it was Henderson who steered the conversation toward topics of sex, exchanging photographs and eventually a face-to-face meeting that he thought would lead to sex.

Gerald Gentry, a clinical psychologist who also testified at Henderson’s trial, said he had examined Henderson and conducted a number of psychiatric tests, all of which he said indicated Henderson was a “below average” risk to commit a similar offense again.

He said that Henderson had been sexually abused by family members as a child; that he suffered from depression, anxiety disorder and other mental health issues; and that he needed psychotherapy, and perhaps medication, to treat those disorders instead of being sent to prison.

Marta Keller, Henderson’s sister who now lives in California, also testified, saying that while her brother made “a terrible mistake,” he should not go to prison. “It’s obvious he needs help,” she said.

At the end of the hearing, Henderson himself testified on his own behalf, saying he was “deeply sorry” for what he had done and that he took full responsibility. But he said if he were sent to prison, he would only come out the same as he is now, or possibly worse.

“All I’m asking for is a second chance,” he said.

Melton countered that although Henderson appeared to have plenty of family support, that support didn’t prevent him from committing the crime in the first place.

Melton also referred to Twitter messages Henderson had posted — evidence that was excluded during the trial phase but that was admitted during the sentencing phase — that showed he also had an interest in incest.

Melton said electronic solicitation of a child is considered a more serious and “insidious” crime than actual solicitation because it can be done online, when the child is in the privacy of his or her bedroom, with no other witnesses to observe the crime or identify the perpetrator.

Defense attorney David shot back at that argument, saying there was no evidence on Henderson’s computer indicating he had been soliciting sex from any other child.

Kansas law classifies indecent solicitation of a child as a severity level 6 felony against a person, while electronic solicitation is a much more serious, severity level 1 felony.

Because of the conviction, no matter what the sentence, Henderson will have to register as a sex offender for 25 years after his release.

Friday’s hearing concerned only the defense team’s motion to depart from standard sentencing guidelines, but David indicated he also wants to preserve grounds for appeal of any sentence based on both state and federal constitutional prohibitions against cruel and unusual punishment.

Martin said she would announce her sentencing decision during a hearing at 9 a.m. Monday.