Kevin Herrick Wrongful Conviction, Kevin is Next

Kevin was not sentenced to "Life" for a Capital felony conviction, which would render him eligible for parole release after serving a minimum mandatory (25) twenty-five years. 

The sentencing guideline structure which was in effect between 1983 and 1994 used a very specific points system. This procedure added points from Kevin’s prior convictions to the recommended 22-27 years to obtain the life sentence imposed. 

Kevin’s parents informed the court that they had no idea at the time that those charges from his youthful offender offence, could or would be applied to any potential future sentence, not to mention enhancing it to the point of life imprisonment. They have made it clear they would never have agreed to allow the charges to be brought against him knowing what they know now. The prior conviction was simply the result of his parents trying to teach him a lesson by allowing the charges to be brought against him in hopes that the state would help Kevin through social programs and therapy for their troubled teen.

Nevertheless, the flawed points system score established by the court on January 4, 2001, also gave Kevin no possibility for parole. So, in effect, Kevin Richard Herrick is serving a death sentence.

However, the state erroneously used an outdated scoresheet and additionally miscalculated the sentencing points scored. 

During sentencing, on January 4th, 1991, the court should have used the 1988 sentencing guideline sheet. Instead, they applied the incorrect sentencing guideline sheet from 1984. This outdated scoresheet did not evaluate both the recommend with the permitted scores as per the current sentencing guideline sheet would have required.

According to the Sentencing Hearing transcript, Judge Downey ruled his denial to consider Ed Lienster’s motion to vacate the 110 youth offender points which had merit “not because I don’t feel it has merit, but because I think it doesn’t matter”. 

Turns out it did matter, because the court never calculated the permitted score due to the flawed use of the wrong sentencing guideline scoresheet. To make matters worse, the prosecution was allowed to apply 40 points for each victim, which resulted in a subjective double counting of 40 points. This decision, along with the denial of the 139 youth offender points Kevin's parents were seeking, which Kevin's attorney erroneously calculated as 110 points, would have resulted in 179 points being deducted from Kevin's total score of 732 points. 

• According to the 1988 scoresheet 732 points permitted a "27-Life" sentence.
• 732 points less the 179 reduction permitted "22-Life" for 553 points.

Kevin has served over 30 years for a crime he did not commit and even if he had committed the crimes for which he was convicted, a life sentence is a punishment that does not fit the crime.  Because of Kevin’s criminal history as a 19-year-old boy whose foolish choices and stupid actions with a friend looked much worse on paper than reality of the actual events, The 22-27 year sentence associated with his wrongful conviction turned into his sentence of life without parole.  

*** It should also be noted that Kevin rejected a 5-year plea offer from the Assistant State Attorney, Joseph Balone (now Judge Balone in Pinellas County), and proceeded to trial because he believed in the system. But the system let him down.