Georgetown University's "Making an Exoneree" Documentary

The Injustice of Kevin Herrick's Imprisonment: A Case of Systemic Failure

Kevin Richard Herrick was wrongfully convicted and sentenced to an undeserved life sentence of incarceration without the possibility of parole on January 4, 1991, for armed burglary and sexual battery, along with a concurrent 15-year sentence for aggravated battery. Kevin has consistently maintained his innocence and even rejected a plea deal that would have seen him released in 1993, believing that the justice system would reveal the truth. His conviction and subsequent life sentence are the result of multiple systemic failures within the justice system.

These failures include:

Questionable Police Investigation and Misconduct:

The Largo Police conducted a questionable investigation, during which physical evidence and eyewitness testimony were ignored.

•  They improperly suggested information to the victims, which led to their eventual "identifying" Kevin as the assailant.
• Police misled victims by falsely claiming they had found a blood-covered weapon and bloody clothing in Kevin's room, among other untruths.
• Despite these suggestive tactics, the victims' initial physical descriptions did not match Kevin or each other.
• Witness reports at the time indicated that Kevin was outside discussing what had happened with the victims and others as they waited for police, directly contradicting the idea that he was the fleeing assailant.

Ineffective Assistance of Legal Counsel:

Kevin's defense attorney was later revealed to be a drug-addicted alcoholic who was incapable of providing a proper defense.

• The attorney made procedural mistakes, failing to address the police misconduct during the trial.
• Crucially, the defense attorney failed to introduce witnesses who were with Kevin at the exact time the male victim was chasing the lone assailant, which would have confirmed Kevin's alibi. These witnesses were never asked to testify.
• The attorney also failed to introduce physical evidence, specifically hair samples collected from the scene, which did not match Kevin.
• The defense attorney presented barely any defense at all.
• Furthermore, the attorney failed to properly identify and challenge sentencing calculation errors that would have prevented the imposition of a life sentence.

Sentencing Errors and Missed Appeals:

The sentencing court erred by imposing too many points, which directly led to the life sentence.

• The court did not use the proper scoresheet and erroneously double-counted certain points.
• Because Kevin's attorney did not object to these errors, nor timely appeal the issue, the appellate court was unable to correct the sentence.
• The attorney missed multiple procedural deadlines for many merit-worthy issues that could have been addressed by appellate courts to correct the injustice, effectively squandering and exhausting Kevin's legal remedies.

As a consequence of these interwoven failures, Kevin Herrick did not receive a fair trial and was subjected to improper police conduct and ineffective assistance of counsel, leading to his conviction for crimes he maintains he did not commit. He was subsequently improperly sentenced to life imprisonment, representing a significant miscarriage of justice. Kevin has already served over 35 in prison and has exhausted his district, state, and federal appeals, appearing to have no further opportunities for relief available. Even if he had committed the crimes, a life sentence is considered a punishment that does not fit the crimes.

The following link below is Georgetown University's "Making an Exoneree" Documentary which highlights Kevin's Case.    Click Link Below