LARAMIE (AP) - Convicted murderer Russell Henderson received ineffective counsel and should be able to seek a reduction in his two life prison terms for the killing of Mathew Shepard, Henderson's attorney said Tuesday.

Attorney Tim Newcomb told District Judge Jeffrey Donnell that Henderson's public defender did not properly advise him of his right to ask for a sentence reduction following his guilty plea for the 1998 murder of Shepard.

Newcomb, who did not handle Henderson's defense at trial, is asking Donnell to allow Henderson 30 days to determine whether he should file for a sentence reduction.

But state Assistant Attorney General Melissa Swearingen countered that Newcomb needs to show there was an error.

She noted that Henderson is not claiming innocence or asking for a new trial, he is simply seeking a lesser sentence.

She added that Henderson's trial attorney, public defender Wyatt Skaggs, is not required to provide any assistance in filing for a sentence reduction.

She went on to say that had Henderson not pleaded guilty, he could have been sentenced to death.

But Newcomb argued that if legal assistance was denied, then the court cannot be certain that the conviction of Henderson was reliable.

Donnell took the case under advisement.

Henderson and a companion, Aaron McKinney, were accused of kidnapping Shepard in October 1998 and tying him to a fence outside Laramie, where he was pistol-whipped, robbed and abandoned. The 21-year-old University of Wyoming student died five days later from massive head injuries.

Police said the attack was motivated by robbery and Shepard being gay. The crime drew worldwide condemnation and led to demands for stronger hate-crime laws around the country.

McKinney also received two consecutive life prison sentences.

AP-WS-06-15-04 1737EDT