CINCINNATI — The first witnesses took the stand Wednesday in the murder trial of Rodney Hinton Jr., capping a day that began with a jury being seated and taken to the scene where Hamilton County sheriff's Deputy Larry Henderson was killed.
Prosecutors will continue presenting their case when testimony resumes Thursday.
WATCH LIVE: Testimony to resume in case over deputy's death
Jurors heard sharply different arguments about Hinton's state of mind when he struck and killed Henderson on May 2, 2025.
Prosecutors argue Hinton knew exactly what he was doing and understood it was wrong. The defense argues years of serious mental illness, compounded by the trauma of his son's death, left Hinton unable to understand the wrongfulness of his actions.
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Hinton is accused of intentionally driving into and killing Henderson while the deputy was working a traffic detail near the University of Cincinnati's commencement.
The crash happened one day after a Cincinnati police officer fatally shot Hinton's 18-year-old son, Ryan Hinton, and hours after Rodney Hinton watched police body camera video of his son's death.
Hinton faces five felony counts: two counts of aggravated murder, one count of murder and two counts of felonious assault. His defense is seeking a verdict of not guilty by reason of insanity.
Jury seated after more than two days
The 12-person jury was finalized Wednesday morning after more than two days of jury selection.
It consists of 10 white jurors — five women and five men — and two Black women. Four alternates were also selected.
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The court began Monday with 107 prospective jurors, who had completed a 139-question questionnaire covering topics including connections to law enforcement, experiences with mental illness and prior knowledge of the case.
After the jury was seated, Bennett told WCPO 9 its racial makeup did not surprise him.
"We have 10 white jurors, two African American jurors. I am not surprised," Bennett said. "This case is not based on race. This case is not about politics. This case is about mental illness. Mental illness transcends race."
Bennett said he believes the jurors selected can fairly and impartially decide the case.
"I think we were able to get 12 people on that jury that are fair and impartial, regardless of their color," Bennett said.
Defense raises Batson challenge
Before the jury was finalized, Bennett raised a Batson challenge after prosecutors used peremptory challenges to remove Black prospective jurors.
A Batson challenge takes its name from the U.S. Supreme Court's 1986 decision in Batson v. Kentucky. It allows an attorney to challenge the use of a peremptory strike when there is concern that race played an impermissible role in removing a prospective juror.
Unlike a challenge for cause, a peremptory challenge generally does not require an attorney to show that a prospective juror cannot fairly serve. But peremptory strikes cannot be used to intentionally exclude jurors because of race.
Bennett told WCPO he raised the issue in part to preserve it in the court record.
"You make the challenge to protect the record," Bennett said.
He explained that if Hinton is convicted, another court could later review the case and question why the defense did not object when Black prospective jurors were removed.
Bennett stressed that he does not believe prosecutors removed the prospective jurors solely because they were Black.
"I think they provided race-neutral reasons to Judge Luebbers," Bennett said.
The final jury does not include a Black man. Asked whether that concerned him, Bennett said it did not.
"Again, I believe white jurors can be fair and impartial," Bennett said. "That is the job of the defense attorney to make sure that they can be fair and impartial."
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Jurors visit scene where Henderson was killed
Almost immediately after being selected, the jurors left the courthouse to see the area where Henderson was killed.
They were bused to Martin Luther King Drive West and Burnet Woods Drive and spent about 22 minutes at the scene.
According to instructions agreed upon by prosecutors and the defense, jurors were directed to observe specific features including the slope of the roadway, intersection, traffic signals, crosswalks and traffic triangle near the entrance to Burnet Woods.
They were also instructed to look at the left-turn lane, road markings, traffic signal control box and other features surrounding the intersection.
State, defense offer competing explanations
The jury returned to the courthouse for opening statements.
The state's opening lasted about 10 minutes. The defense's lasted nearly 30.
Assistant Prosecutor Heidi Rosales told jurors the evidence will show Hinton was driving eastbound on Martin Luther King Jr. Drive when he waited for oncoming traffic to clear, then accelerated across multiple lanes and intentionally struck Henderson.
Prosecutors say jurors will see video tracking Hinton's movements from the Cincinnati Police Department to the area near UC.
Rosales said that video will show Hinton navigating traffic before stopping with a clear line of sight to Henderson, who was wearing a bright yellow safety vest. The state says Hinton then waited for opposing traffic to clear before accelerating toward Henderson without attempting to stop or slow down.
"He knew exactly what he was doing, and he knew it was wrong," Rosales told jurors. "He just didn't care."
The state also directly challenged Hinton's insanity defense.
Rosales told jurors, "Emotional stress does not excuse murder."
Three psychologists evaluated Hinton in connection with his insanity defense. According to prosecutors, a court-appointed psychologist and an expert for the state concluded Hinton did not meet Ohio's legal standard for insanity. An expert for the defense reached a different conclusion.
Defense points to years of mental health problems
Bennett used much of his nearly 30-minute opening to walk jurors through a mental health history he said stretches back years before Henderson's death.
Bennett described previous periods of depression, hallucinations, suicidal and homicidal ideation and other symptoms.
He focused in part on a 2023 incident in which Hinton was found walking naked in Middletown and was taken to Atrium Medical Center.
Bennett told jurors Hinton was diagnosed with several mental health conditions, including schizoaffective disorder and psychosis, and was prescribed antipsychotic medication.
Bennett said Hinton later stopped taking the medication and his mental health deteriorated.
The defense argues that deterioration was compounded by the death of Hinton's son.
On the morning Henderson was killed, Hinton and family members went to the Cincinnati Police Department and watched video of Ryan Hinton being fatally shot by police.
Bennett said family members will testify Hinton appeared "zombie-like" even before seeing the video. Afterward, Bennett said relatives became concerned about Hinton's well-being and did not want him to drive.
The defense argues Hinton was experiencing psychosis, symptoms of schizoaffective disorder, extreme emotional distress and dissociation when he later drove into Henderson.
"He did not understand the wrongness of his conduct when he killed Deputy Henderson," Bennett told jurors.
Bennett told jurors Hinton's mental illness was not something created after Henderson's death to avoid criminal responsibility. He pointed to Hinton's previous treatment and diagnoses as evidence of mental health problems years before the crash.
Henderson's widow becomes state's first witness
After opening statements, prosecutors called Henderson's widow, Lori Henderson, as their first witness.
Her testimony was brief and emotional.
She cried as she spoke about her late husband and described the morning he left their home to work the traffic detail near UC.
Her testimony focused largely on their interaction that morning and Henderson's interaction with their foster children, who were babies.
A Hamilton County sheriff's deputy who knew and worked with Henderson testified after her. He showed the court the uniform and bright neon safety vest Henderson was wearing when he was killed.
Hinton's aunt describes following him
The state's final witness Wednesday was Hinton's aunt, Markita Robinson.
Robinson asked not to be filmed, but WCPO was able to record audio of her testimony.
She became increasingly emotional as she described Hinton's behavior that morning and what she witnessed in the moments leading up to Henderson's death.
Robinson said she was worried about Hinton's mental health and well-being before the family met at the police station. She described him as very quiet and sad.
She said, however, that she was not initially concerned about him driving himself.
Robinson testified Hinton left the police station in his own car and drove down Linn Street. He then returned to the police station, saying he had forgotten something.
Robinson said that was when she began to think something was wrong.
When Hinton left again, Robinson said she and other family members got into another vehicle and followed him.
During questioning by prosecutors, Robinson said Hinton obeyed traffic lights and traffic laws as he drove from the station toward the area where Henderson was working.
But Robinson said she knew something was very wrong when Hinton did not take the route home.
She continued following him.
At the intersection where Henderson was working, Robinson said Hinton was driving "really fast."
She said she did not initially see what Hinton hit.
Then, she realized someone was dead.
Robinson was distraught and sobbed as she recounted that portion of what she witnessed.
Her testimony touched directly on the issue that both sides told jurors would be central to the case.
Prosecutors argue Hinton's actions before the crash — including navigating traffic and waiting for an opening before accelerating toward Henderson — demonstrate that he understood his actions.
The defense did not cross-examine Robinson.
Jury selection focused heavily on emotion and impartiality
The final jury came after more than two days of detailed questioning.
On Tuesday, Bennett repeatedly focused on prospective jurors' emotional reactions to the case, particularly among those with relatives in law enforcement.
His questioning centered on whether someone could see evidence showing how Henderson was killed, have a relative who is a police officer and still put those emotions aside to decide the case based only on the evidence and the law.
At one point, Bennett told the jury pool, "A lot of people will say this is political and racial."
"I say this case is about mental illness," Bennett said.
One exchange illustrated the difficulty of finding jurors who had not already formed strong opinions.
One prospective juror wrote on her questionnaire that there was nothing that could justify what happened to Henderson that should end with an acquittal.
When questioned in court Tuesday, she said she did not know when she completed the questionnaire that jurors could have the option of finding Hinton not guilty by reason of insanity.
A prosecutor asked whether it would be fair to say she had been "pro-state" when she filled out the questionnaire. She said yes, explaining she did not view the case as a mental health case at the time the way she did after learning more.
But when questioned about whether she could put her sympathies aside, she acknowledged she probably could not.
The state asked that she be excused for cause.
Other prospective jurors were also removed as both sides examined whether personal experiences could affect their ability to remain impartial.
Bennett said Wednesday he expected jury selection to take time because of the unusually detailed questionnaire and the complexity of the case.
"The process took a little bit longer, but the process worked," Bennett said.
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