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September 14, 2014

Claiming his innocence, convicted Florida murderer requests judge to impose death penalty

I have often told my sentencing classes that, if I was unlucky enough to be wrongly convicted of capital murder, I would likely request to be sentenced to death in the hope of bringing more attention to my case and cause.  This local story from Florida, headlined "Defendant Dares Judge to Give Death Penalty," suggests that at least on Florida defendant has a similar philosophy. Here are the details:

A South Florida man convicted of murdering two people during a string of Dunkin’ Donuts robberies in 2008, dared a judge Friday to sentence him to death.  “Honestly and truly, I’m not asking you to spare me,” James Herard said in Broward County courtroom on Friday. “Go ahead and do what you gonna do.  I pretty much dare you to give me the death sentence because I’m innocent.”

Herard, 25, was convicted on 18 of 19 counts by the Fort Lauderdale jury in May. The same jury that convicted him has recommended the death penalty for Herard. Herard did not testify during the trial, so Friday was his last chance to speak in court before the judge hands down his sentence.

“I’m actually hoping you give me the death penalty because I know the Supreme Court won’t allow me to die for something I didn’t commit,” Herard said Friday.

Prosecutors say Herard didn’t pull the trigger in the 2008 murder of 39-year-old Eric Jean-Pierre. But, they say he, along with other members of a gang, were part of a “body count competition” and Herard pushed Tharod Bell to murder Jean-Pierre.

“They’re claiming I encouraged Tharod Bell to shoot someone, and how I did that, I don’t know,” Herard told the court....

Herard was previously convicted of the murder of 58-year-old Kiem Huynh in 2008.  He received sentences of life imprisonment for Huynh’s death.

September 14, 2014 at 07:37 PM | Permalink


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123D before. Much less cost, mayhem, death from this worthless antisocial personality disorder sufferer.

The lawyer that prevented that from happening are the most responsible of all. Death penalty to the lawyer in the legislature and on the appellate bench. The public will have to go through them to kill all the violent criminals. Why? Because they are humane? No. They have no humanity whatsoever, just ask the family of the murder victim. No. To generate a few lousy government make work jobs for their constituents in the Democratic Party.

Posted by: Supremacy Claus | Sep 15, 2014 5:56:37 AM

yeah. good luck with that strategy

Posted by: Joe | Sep 15, 2014 10:59:16 AM

See a decision out of Alabama for a similar scenario. Arthur v. Thomas, 739 F.3d 611 (11th Cir. 2014)

Posted by: Chet Kaufman | Sep 22, 2014 11:09:36 AM

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