By BRAD DICKERSON
GLASGOW — A jury deliberated for almost three hours before returning three not guilty verdicts in the case of a Glasgow man charged with having sex with a 15-year-old family member.
Jimmy Herrington, 57, was cleared on counts of incest and third-degree sodomy and sexual abuse by the jury, which was comprised of seven women and five men.
The defendant was, however, found guilty on a misdemeanor of unlawful transaction with a minor, third degree. He was sentenced to 12 months in the county jail and a $500 fine.
Herrington’s charges stemmed from an alleged March 22 incident in which he was accused of having sex with the juvenile after the two had been drinking alcohol.
Detective Ann Phelps, with the Barren County Sheriff’s Department, who investigated, testified that after a search warrant was obtained for Herrington’s residence, a bottle of tequila was found in the refrigerator and several empty beer cans were discovered in a trash can.
Phelps added that Herrington said he had been drinking during the day on March 21 while hanging out with the girl. He eventually offered her alcohol that evening.
The girl testified that she, her mother and her stepfather came to Kentucky from Missouri over her spring break. The three stayed at a duplex they owned, of which Herrington was renting a section.
She added that she was looking forward to spending time with the defendant, whom she said she hadn’t seen in almost five years.
The alleged victim said that on March 21, Herrington had taken her driving since she had her learner’s permit. That night, he offered her the alcohol.
The juvenile testified she drank between six and eight shots of tequila over the next three hours, starting at 8:30 p.m.
Eventually, she said Herrington began giving her open-mouthed kisses. The two went to his bedroom, where she said the defendant had sex with her between midnight and 4 a.m.
“I was so drunk, I couldn’t move,” she said. “I couldn’t respond, really.”
The girl’s mother testified she was awakened the next morning when her daughter climbed into bed with her.
“She crawled into bed with me, put her face right up to mine – she was crying – and said she wanted to go home,” the mother said.
Prior to going to the hospital, the girl said she took a shower and brushed her teeth.
Cindy Taylor, a sexual assault nurse examiner at T.J. Samson Community Hospital, said no traces of semen were found and there were no tears or injuries to the alleged victim’s vaginal area.
A rape kit was performed, which included blood samples and vaginal swabs. An external swab of blood from Herrington’s penis was also taken.
A semen sample from a pair of his long underwear, taken from the residence, was also sent for analysis.
Forensic scientists with the Kentucky State Police labs testified that no semen or saliva was found on the girl’s samples, no drugs or alcohol were found in her blood or urine samples and no DNA foreign to Herrington was found in his blood and semen samples.
The blood from his penis was determined to be his own.
Regarding the victim’s blood sample, Taylor said it was not drawn until 2 p.m. on March 22.
She also indicated that, in her notes, she had written that the teen told her she’d been assaulted for one to two hours, as opposed to the four hours the girl had said while on the stand.
During cross-examination by defense attorney Paul Vanni, the girl said she’d spent three months in a residential home prior to the alleged sexual abuse.
She told Vanni the stay was due to defiance issues with her father, as well as occasional instances of lying.
A witness called by assistant commonwealth’s attorney Traci Peppers, was a former Barren County Correctional Center inmate, who testified Herrington had admitted to getting the girl drunk and having sex with her.
Jon Michael told the jury he was sent to jail in March after pleading guilty to drug possession charges and failure to register as a sex offender. He was released to a Louisville halfway house at the end of June.
Michael said he had previously pleaded guilty to first-degree sodomy when he was 19. The victim was 24.
He had also testified for the prosecution in the July rape trial of Robbie Scott, who was found guilty of raping a 9-year-old girl.
Michael said he was sickened by both Scott’s actions and Herrington’s alleged ones.
“I’m here because of what (Herrington) said,” Michael testified.
He denied writing letters to the commonwealth about the defendant for the sole purpose of trying to gain probation.
“Don’t be fooled by his (Michael’s) righteous proclamations,” Vanni said in his closing argument.
“Of course he wanted out of jail,” Peppers said. “That doesn’t mean he’s not telling the truth.”
