Kevin Herrick Wrongful Conviction, Kevin is Next

The Fight for Justice: Kevin's Case and Untested DNA

The case of Kevin highlights a critical struggle for justice involving untested DNA evidence.

Undisclosed Evidence: In 1990, during Kevin's trial, crucial information was not presented to the jury. Microscopic analysis conducted by the Florida Department of Law Enforcement (FDLE) had conclusively established that some hair strands recovered from the victim's bedsheets did not match Kevin or either victim, Cheryl Hagan or Scott Barfield. This analysis confirmed the presence of an unidentified person's hairs at the crime scene. However, this vital information only came to light in 2001, when Senior FDLE micro analyst Marianne Hildreth testified about her findings during a Federal evidentiary hearing.

Innocence Project's Involvement: Recognizing the significance of this undisclosed evidence, The Innocence Project decided to represent Kevin in post-conviction proceedings. Their decision was based on several key factors:

• The existence of crime scene hair samples that did not match Kevin or either victim.
• A complete lack of any other physical evidence indicating Kevin's guilt.
• The "complete unreliability" of Scott Barfield's identification, which was considered "fatally compromised".

Denial of DNA Testing: In 2006, The Innocence Project filed a post-conviction motion to have the hairs DNA tested, specifically to identify the actual assailant. However, this motion for DNA testing was "inexplicably denied". As a direct result of this denial, The Innocence Project had no option but to conclude their representation of Kevin.