Seven days before Henry was scheduled to be executed, Justice John Reed ordered to stop the execution due to an investigation on whether or not capital punishment was disproportionately used in Orange County. In 1981, a federal court ruled that Henry would have to be re-sentenced by a new jury. This was due to the testimony of Ferguson in Henry's trial, which the court ruled should not have been allowed. However, this never ended up happening and Henry remained on death row.
