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Thread: James Herard - Florida Death Row

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    James Herard - Florida Death Row




    James Herard Dunkin' Donuts shooting: Trial concludes, verdict in

    The criminal trial for James Herard, 21, accused of robbing and shooting 3 people in the face at a Delray Beach, Dunkin' Donuts back in 2008 is over. His victims survived and Herard was arrested, according the Sun Sentinel. Herard was also on trial for accusations of 19 other crimes as well, including first-degree-murder.

    James Herard's trial lasted for one week where he was defended by Peter Grable, whom Herard fired just before closing statements. The prosecution, led by Chief Assistant State Attorney, Jill Estey Richstone, and Palm Beach County State Attorney, Michael McAuliffe, had a strong case against Herard.

    The prosecution had told the jury that Herard had confessed to the shooting within the first 10 minutes of being in custody during a phone call to his cousin, according to the Sun Sentinel; however, Herard also confessed multiple other times as well, according to McAuliffe.

    Circuit Judge Karen Miller found Herard guilty of all crimes and he now faces multiple life sentences and the possibility of the death penalty for a murder he committed in Broward County. Sentencing will be determined within the next few weeks, according to Judge Miller and reported by the Sun Sentinel.

    According to the Sun Sentinel, Herard told police that, "It was pretty to watch his gunshot victims' faces blown off, and seeing the carnage was like sex to him."

    http://www.examiner.com/headlines-in...des-verdict-in

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    Nine life sentences ordered in Dunkin' Donuts robbery, shooting case

    No matter how many life sentences the judge gave James Herard for the brazen robbery and shooting at a Dunkin' Donuts, Gerald Lakin told her he deserved one more.

    Lakin, 75, stood before Circuit Judge Karen Miller with a towel wrapped around his neck, a necessary accessory to wipe the drool that has been his constant companion since Herard shot him and two other people in the face during a 2008 robbery at a Delray Beach Dunkin' Donuts.

    The Boynton Beach resident told Miller during Herard's sentencing Friday that the 22-year-old didn't deserve a place in free society. Herard, seated behind Lakin, laughed out loud.

    Miller, however, never broke a smile as she sentenced Herard to a total of nine life sentences — five consecutive — for the bloody attack that was one of several episodes in the crime spree on a man prosecutors called one of South Florida's most violent predators.

    "There's no rehabilitation for someone like that," Lakin said after the sentencing, before adding of his injuries: "I have to live with this for the rest of my life."

    Herard's sentencing comes nearly a month after a jury convicted him of 19 charges, including attempted first-degree murder. Miller said nothing directly to Herard regarding his crimes, but twice addressed the victims in the case.

    "I have nothing but empathy for the victims and their courage," Miller said.

    A Lauderhill police detective during the hearing testified that Herard is also facing a possible death sentence in a Broward County case, one of several crimes that the 22-year-old alleged Crip leader perpetrated when he was still a teenager.

    Among the crimes was a shooting where Herard allegedly chased six or seven local gang members through a strip mall and an incident where he urged another man to fatally shoot a Broward County man on a night when they were out together "hunting" human beings.

    Herard, who delivered his own closing arguments at the end of the case, appeared apathetic about his own fate.

    Though his attorney Peter Grable told Miller that Herard's demeanor was indicative that something was "very wrong" and urged her to craft a sentence that would set him free at 71 years old, Herard himself told the judge he didn't care how she sentenced him.

    "I feel sorry for the victims, but if it wasn't them, it would have been someone else," Herard said.

    After the hearing, McAuliffe said Herard's words were just a reminder that Herard needed to be put away for life. McAuliffe told Miller that from now on, the focus of the Dunkin' Donuts case should shift to victims like Lakin.

    "He's the one we should focus on," McAuliffe said of Lakin. "We should look at his courage and his determination not to let the defendant ruin the rest of his life."

    http://www.sun-sentinel.com/news/pal...0,721850.story

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    Blinded by armed robber, retiree testifies in Dunkin’ Donuts case

    Paul Baretta could see clearly that the man in the black hood was coming towards him.

    He thought for a second about running him over and driving away from the Delray Beach Dunkin’ Donuts, where he had driven the night before Thanksgiving in 2008 for some coffee and a donut.

    But the then 72-year-old retiree decided he didn’t know what the man was going to do so he decided to watch him for a second. The last thing he saw was a gunshot coming through his windshield. He has been blind ever since.

    “I ducked, I put up my hand to block the glass, but I didn’t do it fast enough,” Beratta told a courtroom full of jurors Tuesday, a pair of dark shades covering his eyes.

    Beratta couldn’t see anyone in the courtroom, let alone Calvin Weatherspoon and Tharod Bell, two of the men accused of participating in the robbery and bloody shooting what left four people severely injured from gunshot wounds to the face.

    The shooter, James Herard, has already been sentenced to life in prison for his role in the robbery and attempted murders, and he faces several other charges, including a possible death penalty for a Broward murder.

    Charles Faustin, another participant in the robbery, was convicted of robbery and attempted murder charges and sentenced to life earlier this year.

    The robbery and attempted murder trials for Weatherspoon and Bell began last week with two separate juries hearing much of the same evidence against both men. Closing arguments in the case are expected Friday.

    Before the end of testimony in the case Tuesday, jurors heard from a detective who took a videotaped statement from Bell. After Weatherspoon’s jurors went home for the day, Bell’s jurors watched the two-hour police interrogation when he was arrested shortly after the robbery and shooting.

    Bell told investigators that he participated in the robbery under duress from Herard, who let the other young men know up front that his purpose for committing the robbery was two-fold: to get money and “catch bodies.”

    “Basically, if we didn’t go we got killed,” Bell told investigators, later adding of Herard: “This dude told us that if we showed compassion to any of those people, he would turn that same gun … on us and shoot us — those were his exact words.”

    Bell said he went along with the robbery and never called police not because he was afraid for his own life, but he was scared Herard would target his mother, his 1-year-old baby girl, the girl’s mother, or Faustin, his brother.

    He, like Faustin, sobbed openly through his interrogation, saying he could get the images of the bloody scene out of his face. Investigators responded by showing him video surveillance from the scene, telling him how the victims, all elderly, were clinging to life after having their faces blown off with Herard’s shotgun, loaded with birdshot.

    Other victims, including Gerald Lakin, whose jaw was blasted from from his face, testified in the case last week. Baretta said that only one of the men shot him, but all four seemed to be walking out of the shop together, in a row.

    In the interrogation video, which was redacted to leave out Bell’s alleged involvement in other crimes with Herard, Bell talked at length with investigators before they all left the room.

    Once alone, he sobbed for a minute, breathed in deeply before he rocked back in his chair and looked up.

    “Why, God?” he asked. “Why not just take my life? Why not just take my life?”

    http://www.palmbeachpost.com/news/ne...n-dunki/nPZcq/
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    Man In Dunkin Donuts Shooting Spree On Trial For Murder

    FORT LAUDERDALE (CBSMiami) — A Lauderhill man, already sentenced to 9 life terms for a string of violent doughnut shop robberies, is back on trial for a murder which took place during his two-county crime spree.

    Prosecutors are seeking the death penalty against James Herard for the murder 56-year-old Kiem Huynh at a Tamarac Dunkin Donuts on November 27th, 2008.

    Huynh died after being shot in the back during the robbery.

    Herard, described as the ringleader of a gang of violent criminals, was sentenced in August 2011 to nine life terms for the robbery of a Delray Beach Dunkin Donuts just one day before he allegedly shot and killed Huynh. During the Delray Beach crime, four customers were shot, two in the face. Nobody died.

    He was convicted of 19 counts including multiple counts of attempted First Degree Murder.

    At the time of his sentencing, his response was to laugh at one of his victims.

    Herard also made quite a scene at several of his previous hearings when he barked at the judge.

    http://miami.cbslocal.com/2014/04/29...al-for-murder/

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    Testimony continues in trial of man accused in Dunkin' Donuts murders

    Testimony continued Tuesday in the trial of a man accused of opening fire and killing two people at a South Florida Dunkin' Donuts, back in 2008.

    Twenty-four-year-old James Herard has already been convicted and sentenced to nine life terms behind bars. He is on trial once again for the murders of Eric Jean-Pierre and Kiem Huynh during two separate robberies at a Tamarac Dunkin' Donuts on Thanksgiving night in 2008. He could face the death penalty.

    On Tuesday, two men who were shot during the string of crimes gave testimony. "I looked at him, and he looked at me with eye contact, and he shot me twice in the chest," said Henry Bornstein, one victim who can no longer use his legs.

    Prosecutors say Herard and three others stormed the Dunkin Donuts with shot guns and robbed the store, shooting four people, killing two of them.

    "The next thing I saw was the flash from the barrel of the gun. I heard an explosion," said Paul Baretta, one victim who was left blind after being shot during the incident.

    The prosecution also played Herard's chilling six-hour taped confession. Jurors heard about 30 minutes of the taped confession. Jurors are expected to continue with the video confession first thing Wednesday morning.

    Herard is on trial for a total of 21 counts, including two counts of first degree murder, armed robbery, attempted murder and other charges.

    Herard is notorious for his courtroom outbursts. He once barked like a dog in front of a judge. During the testimony, Herard was surrounded by deputies armed with stun guns.

    Prosecutors have said that they will seek the death penalty in this case.

    http://www.wsvn.com/story/25446750/t...donuts-murders
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Helen's Avatar
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    This one is for you tpg....LOL. They should show this pic. to the jury



    https://myspace.com/baccstreetcrips/.../photo/1892737
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Accused Double Murderer Lashes Out At Lawyer In Court

    FORT LAUDERDALE (CBSMiami) – Suspected gang leader and murder defendant James Herard isn’t afraid to act out in court. He’s been known to bark at judges. But his antics Tuesday morning nearly had him ejected from the courtroom.

    On Tuesday, Herard took his lawyer to task, pounding his fist, swearing and yelling about his representation.

    The judge threatened to have him forcibly restrained.

    Herard is on trial for at the Broward courthouse, accused of committing a string of violent robberies at Dunkin Donuts stores back in 2008.

    Prosecutors say he pulled the trigger and killed patron Kiem Huynh at a Tamarac Dunkin Donuts on Thanksgiving of that same year, and that Herard ordered Lauderhill resident Eric Jean-Pierre randomly executed two weeks before.

    While prosecutors presented witnesses Tuesday morning, Herard became increasingly agitated.

    When his attorney Mitchell Polay failed to ask witness Frank Dennis about his address, Herard exploded.

    Once the jury left the room, Herard started yelling. That’s when armed BSO deputies surrounded the table where he was sitting.

    Finally Judge Paul Backman told Herard he was done listening to his tirade and the trial had to continue.

    “This is your one break. BSO has warned you, and I know you don’t want to get buzzed,” the judge told Herard. He settled back into his seat and kept quiet through the rest of the day’s proceedings.

    Prosecutors called two men who had been shot during Dunkin Donut robberies in Delray Beach in 2008.

    Paul Berada was left blinded after he was shot in his car while the assailants left the store.

    “I had perfect vision before this happened,” Berarda told the jury as he sat in the witness box with a seeing-eye cane at his side.

    Henry Bornstein, who is in a wheel chair and has a deformed face, testified he was shot twice in the chest and once in the face, simply because he made eye contact with one of the robbers.

    Then, in his own words, the jury heard Herard during a lengthy police interrogation describe his participation in the robberies.

    At one point he’s seen pulling his shirt over his head and face to mimic how he disguised his identity during one of the holdups.

    If convicted, Herard faces the death penalty.

    He is already serving nine life sentences for convictions in Palm Beach County.

    Two other defendants are set to go to trial in the summer.

    Prosecutors expect to finish their case on Wednesday and that’s when the defense will begin.

    Defense attorneys say Herard was coerced into confessing.

    http://miami.cbslocal.com/2014/05/06...rt/?hpt=ju_bn1
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Prosecution rests in Dunkin' Donuts murder case

    Prosecutors on Thursday rested their case against accused murderer James Herard, 24, one of five men accused of carrying out violent robberies at Dunkin' Donuts shops in Broward and Palm Beach counties in the fall of 2008.

    Herard faces the death penalty if convicted of shooting Kiem Huynh, 56, on Thanksgiving Day 2008 at a doughnut shop in Tamarac. He is also accused of participating in the murder of Lauderhill resident Eric Jean-Pierre as part of a gang initiation two weeks earlier.

    Defense lawyers told Broward Circuit Judge Paul Backman that their case will only last a couple of hours when the trial resumes next Tuesday. In the afternoon, both sides will present closing arguments to the jury, which will be sequestered for deliberations.

    http://www.sun-sentinel.com/news/bro...0,606400.story
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Closing arguments made in 'Dunkin Donuts' trial

    The best evidence against accused murderer James Herard came from a witness who never took the stand – the defendant, prosecutors said Tuesday.

    Herard, 24, of Lauderhill, never testified at his murder, racketeering and robbery trial, but during closing arguments Tuesday, prosecutor Stephen Zaccor reminded jurors they heard him tell his story in a six-hour taped confession played in court last week.

    At one point early in that recording, Herard can be seen and heard calling his cousin and speaking to him in Creole. Prosecutors had his words translated, and they revealed Herard's guilt, Zaccor said.

    "About this robbery thing, some people were shot," Herard said, according to Zaccor's reading of the translation. "They want me to tell them who shot these people, but I was the one who did it. You understand?"

    Herard was one of five men accused of targeting Dunkin Donuts shops in Broward and Palm Beach counties in Nov. 2008, culminating in the Thanksgiving Day shooting of Kiem Huynh, 56, in Tamarac. Huynh later died from his injuries, and Herard faces the death penalty if found guilty of Huynh's murder.

    During the confession, Herard told a Broward Sheriff's detective he and a co-defendant, Tharod Bell, had initiated a "body count" competition. As part of that contest, Bell shot and killed Lauderhill resident Eric Jean-Pierre, 39.

    Zaccor urged the jury to hold Herard responsible for Jean-Pierre's death as well, and he used Herard's own recorded words to show why.

    "That's not my body," Herard said of Jean-Pierre, "but you might as well give it to me, because he wouldn't have pulled the trigger if I didn't provoke it."

    In all, Herard faces 19 felony counts, including the two murders, multiple attempted murders and robberies, and racketeering. The last charge is because Herard is accused of committing the crimes as a leader of a gang known as the "Bacc Street Crips."

    Herard has already been sentenced to life in prison for related charges in Palm Beach County.

    Also accused of participating in the Dunkin Donuts and other robberies are Bell, Jonathan Jackson, Calvin Weatherspoon, and Charles Faustin. Their trials in Broward County will be scheduled after Herard's trial ends.

    Defense lawyer Mitchell Polay accused detectives of misleading Herard while interrogating him, coercing a false confession and allowing Herard to reconstruct the story they wanted to hear.

    "[Herard's confession] is the only evidence in this case," Polay said. "There's no physical evidence. No DNA. No fingerprints. We have his statement, but there are flaws in that statement. It's not a voluntary statement. It's coerced."

    Jury deliberations begin Wednesday morning.

    http://www.sun-sentinel.com/news/bro...,5353274.story
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #10
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    Guilty Verdict In ‘Dunkin Donuts’ Murder Case

    A Lauderhill man, already sentenced to 9 life terms for a violent doughnut shop robbery in Delray Beach, has been found guilty of 2 murders which took place during a two-county crime spree.

    The jury in the case against suspected gang member James Herard began deliberating Wednesday and handed down their verdict Friday morning.

    He was found guilty of all but one of the 19 charges against him which included murder, racketeering and robbery. He was found not guilty of one of the robbery charges against him.

    Prosecutors are seeking the death penalty against Herard for the murder of 56-year-old Kiem Huynh at a Tamarac Dunkin Donuts on November 27th, 2008 and the murder of Eric Jean-Pierre. Huynh died after being shot in the back during the Thanksgiving Day robbery in 2008. Jean-Pierre was shot in the face. Herard is accused of ordering the killing while driving with a fellow gang member.

    Herard, described as the ringleader of a gang of violent criminals, was sentenced in August 2011 to nine life terms for the robbery of a Delray Beach Dunkin Donuts just one day before he shot and killed Huynh. During the Delray Beach crime, four customers were shot, two in the face. Nobody died.

    Herard is also accused of taking part in the robberies of three Broward Dunkin Donuts and a 7-11.

    The penalty phase was scheduled to start on June 3rd. Jurors will either recommend life in prison or the death penalty
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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