News Stories and Press Releases

NOT GUILTY

By JOANN LIVINGSTON Waxahachie Daily Light Managing Editor

Posted: Saturday, November 18, 2006 7:18 PM CST

 

A four-woman, two-man jury took about 30 minutes to find Garren Henderson, 26, not guilty of a misdemeanor charge of theft after 1-1/2 days of testimony in Ellis County Court at Law No. 2.

 

The trial had related to the alleged theft of Viagra from the Walgreens distribution center on Ovilla Road.

 

Describing the case before them as “corporate America and the government” vs. the “weakest of the weak,” Griffith said the trial was about Walgreens “trying to find a scapegoat” for unexplainedinventory loss.

 

“My first question to you during voir dire (jury selection) was, ‘Why don’t we just convict everybody?’ ” defense attorney Mark Griffith said during his closing argument. “That’s why,” he told jurors, pointing to Henderson, a young man who has an IQ of about 80, according to his family physician, and who still lives with his family because of his need for support. “That’s why.”

 

“What they found was the weakest of the weak,” Griffith said of his client, whose co-workers, family doctor and family testified earlier in the trial as being simply incapable of masterminding a large-scale offense as originally put forth by the company.

 

“That is evil and that is wrong,” Griffith said.

 

The case began as a felony case, with Walgreens officials reporting a missing inventory of about $58,000. As the case proceeded through the judicial system, however, the charge against Henderson - the only person ever filed on relating to the missing Viagra - had been reduced to theft over $500, with prosecutor Ricky Sipes saying in his closing argument they were “giving (Henderson) the benefit of the doubt.”

 

With the reduction in charge, the case was moved from 40th District Court to Ellis County Court at Law No. 2, Judge Gene Calvert Jr. presiding.

 

During the trial, a former supervisor and co-worker each testified on Henderson’s behalf, saying he was good at his position once he learned how to do it. Henderson’s mother testified her son had overcome many hurdles in his life but still lives at home because he is unable to live on his own. Dr. Richard Redington testified as to his opinion that Henderson could not have committed the offense.

 

Griffith reminded jurors that it was the defense - not the prosecution - who had brought information to them about the high level of security within Walgreens.

 

“That place is Fort Knox,” he said. “It’s a city in itself. And in this case, the dictator is Matt Linden (former loss prevention officer), who found the weakest of the weak to crush him and (the prosecutor) is asking you to finish the job. …

 

“Garren did his job, and look where he is now,” Griffith said. “That’s why we have juries. You are the safety net when the government and corporate America get together and say, ‘Let’s get him.’ ”

 

Griffith noted Henderson was not the only person on the line at the time of the alleged offense - with Griffith also questioning why, if a shift audit found 24 bottles at a value in excess of $7,000 missing, had the charge been reduced to theft over $500?

 

Griffith reminded jurors that under his questioning, Linden had said he could not identify what he was alleging Henderson had put in his pocket and that it could have been the company-issued box cutter/knife.

 

“I asked Matt Linden if he was positive that Garren was doing anything but his job?” and Matt Linden said, ‘No,’ ” Griffith told jurors.

 

On Thursday, Linden had testified as to how he had conducted his investigation.

 

Linden, who has since been promoted to Walgreen’s corporate offices in Illinois, said the company had noticed shortages in its inventory and had undertaken hidden surveillance in several areas, with his investigation determining the product was being taken in its “pick” line, where orders are filled. It was on the pick line that Henderson and others worked.

 

As surveillance tapes were screened for the jury panel, Linden described what he termed as “concerns” with Henderson’s actions, saying the former employee was reaching into a module and putting product into his pocket.

 

During the trial, under questioning by Griffith, Linden said he pulled Henderson from the pick line unannounced. Linden said Henderson voluntarily emptied his pockets out, with no product found. The only items in his pockets were a company-issued box cutter/knife and a pair of gloves, Linden said.

 

Henderson was one of three men questioned from the shift where the alleged theft occurred, according to Linden’s testimony. Henderson was on the pick line, which was fed its inventory by the other two men, who were working as stockers during the shift.

 

Linden said he gathered up all three men toward the end of their shift, testifying that one of the men refused to answer any questions and promptly left the premises. The other man gave brief, “yes-no” type responses to questions but refused to empty his pockets. Linden said there was no surveillance tape of those two former employees, but that both of their names were given to police. Neither has ever been charged with an offense.

 

Linden described the security procedures in place for the distribution center, including card-required entry/exit and access points. He noted during the testimony that the Viagra bottles are too small for security tags to be placed on them, however.

 

Employees and their lockers are subject to search at any time, for any reason and without notice, according to company policies. More than 100 cameras are located throughout the facility, with seven in the area Henderson used to work in. The camera used to videotape Henderson was an extra one installed by Linden prior to the start of the shift.

 

Although the area was searched, Linden testified that none of the 24 bottles the company believes was missing from the shift in question was ever recovered.

 

Based on the videotape, Linden said he could theorize Henderson took the bottles, possibly passing them off to the other two men or hiding them in his pants or socks.

 

“It could be possible he never had it?” Griffith asked Linden.

 

“Yes,” Linden said.

 

The missing bottles each contained 30 pills of 100-milligram strength. Retail price is about $10 per pill, with the street value from $20 to $30 each.

 

Viagra (sildenafil citrate) is produced by drug giant Pfizer, which reports on its Web site that more than 16 million men worldwide have been helped by the popular drug or “little blue pill” since its introduction in March 1998. The company estimates nine pills are dispensed per second and that the product works for up to four of five men.