Judge denies motion to dismiss indictment against suspended State Rep Sharon Henderson

ATLANTA – It appears that the ongoing federal case against suspended District 113 State Representative Sharon Henderson (D-Covington) will go to trial soon.

On Thursday, U.S. Magistrate Judge Regina D. Cannon denied a motion to dismiss the 12-count federal indictment against Henderson. In the same filing, Cannon certified the case as ready for trial.

Henderson was arrested on Dec. 8 and charged with two counts of theft of government funds and 10 counts of making false statements. Federal prosecutors claim that Henderson collected $17,811 in false unemployment benefits during the COVID-19 pandemic.  

Henderson reportedly made claims that she was out of work as a substitute teacher for Henry County Schools due to the pandemic. But the U.S. Department of Justice says that Henderson had not worked for Henry County Schools since 2018, despite her submitting certifications to receive unemployment benefits and accepting said benefits as recently as 2021.

Gerald Griggs, who is serving as Henderson’s attorney, filed a motion to dismiss all counts on Feb. 21. Griggs argued that the charges brought against Henderson exceed federal jurisdiction.

“There is no allegation that Ms. Henderson interacted with a federal agency or official in making these statements,” Griggs wrote. “Accordingly, the indictment raises serious questions of jurisdictional overreach and selective prosecution, warranting dismissal or, alternatively, discovery and an evidentiary hearing.”

In the event the case was not dismissed, Griggs sought to have an evidentiary hearing on the grounds of selective prosecution.

In a response filed one month later, U.S. attorneys claimed that federal jurisdiction was appropriate for those accused of making false statements on state unemployment benefit applications. They also denied any claim of selective prosecution.

“Defendant, a sitting state elected official, identifies no similarly situated individuals who received different treatment, and has supplied no argument for her claim that her fraud on the federally funded emergency programs was merely a ‘state-level’ matter,” the U.S. attorneys wrote.

Ultimately, Cannon fully sided with the U.S. attorneys. A trial date has not been set as of press time.

Two other state representatives, Karen Bennett (D-Stone Mountain) and Dexter Sharper (D-Valdosta), have also been arrested and charged with pandemic unemployment fraud-related charges, though their cases are unrelated. Both have pleaded guilty and have since resigned from office.

Henderson has maintained her innocence throughout the proceedings. 

“I was extremely confused and shocked when I was told by FBI agents that I was being arrested,” Henderson wrote in a fundraiser link titled  “Justice For State Rep Sharon Henderson.” “All I could think was ‘what could I possibly have done?’ I was baffled. I have never been accused of any wrong doing in my entire life. I’ve never had any legal issues, never been accused of any crime, and I have never been arrested. I am 67 years old. I would never do this or do anything illegal!”

Henderson was suspended from her state office by Gov. Brian Kemp on Jan. 22 after a review commission found that the criminal allegations “adversely affect the administration of duties.” She is suspended from office pending the final disposition of her ongoing criminal case or until her term expires, whichever comes first.

However, Henderson has declined to run for a fourth term in her current District 113 House seat. Instead, she is running for the District 43 State Senate seat, which represents western Newton County, Rockdale County and parts of DeKalb and Gwinnett Counties.